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Board authorizes superintendent to rescind 31aa opt‑in under court contingencies
Summary
The board approved a resolution directing the superintendent to submit a rescission of the district's "31aa" opt‑in if certain court outcomes are not favorable by Dec. 30, 2025; the board added an amendment that it will convene if a quorum is available before rescission.
The Monroe Public Schools Board voted Dec. 9 to authorize the superintendent to submit a rescission of the district's participation in the state’s "31aa" program under narrowly defined conditions tied to pending litigation. Superintendent Shaw told the board that the rescission window is available through Dec. 30, 2025 on the MDE GEMS portal and that the resolution gives the superintendent direction to act unless one of two contingencies occurs: a favorable court ruling in either the Michigan Court of Claims or the U.S. District Court, or a written court order extending the rescission deadline.
Board members pressed for continued board oversight and an amendment requiring the board to reconvene if a quorum is available before any rescission is executed. Legal counsel advised that, as drafted, the resolution directs the superintendent to rescind unless a court ruling or order changes the timeline; the amendment passed and the full resolution as amended was approved by roll call. Superintendent Shaw summarized the practical consequence: unless a court decision or order changes the timeline, the district will opt out by Dec. 30 to avoid remaining on the hook if the waiver requirement is later found enforceable.
"This now motion allows for the rescission of that motion should things, transpire in the court system to where we can opt out," Superintendent Shaw said, describing the mechanics, timelines and the administration's intent to watch court developments. Legal counsel later clarified two circumstances that would prevent rescission (a district win in litigation or a court‑ordered extension of the rescission date). The transcript shows board members debating timing of appeals and whether the board should retain direct input if an emergency decision becomes necessary; the board amended the resolution to attempt to convene a quorum before the rescission date if possible.
The resolution instructs the superintendent to submit the rescission form on or before Dec. 30, 2025, unless a court outcome or written order dictates otherwise. The board recorded a roll‑call vote approving the resolution as amended.
