Michigan school districts are deciding whether to accept $321 million in state grant funding for mental health and safety improvements or to maintain certain legal protections. The funding, provided under Section 31aa of the state budget approved in October 2025, includes a requirement that districts waive ‘any privilege,’ such as attorney-client privilege and Fifth Amendment rights, if a mass-casualty event occurs on school property or at a school event.
This requirement has raised concerns among educators and administrators. More than three dozen districts, including Kent Intermediate School District (ISD), filed a lawsuit on November 12, 2025, in both the Michigan Court of Claims and federal court. The lawsuit claims the waiver is vague, broad, and may violate constitutional rights. Following the lawsuit, the state extended the deadline for districts to accept the funding to December 4, with a final decision expected by December 19. Districts that opt in now can still opt out by December 30, depending on the court’s decision.
Kent ISD Superintendent Ron Gorman said losing these funds would impact schools. Districts have used Section 31aa funds to hire security officers, expand mental health services, and improve safety. Gorman stated that other organizations are not required to waive similar rights for state funding and requested that the waiver language be removed from the budget guidelines…