All districts — Michigan school districts are facing a difficult choice between securing critical resources and protecting legal rights in accessing mental health and safety grant funding.
The funding, $321 million in Section 31aa dollars approved in the state budget in October, requires a district to waive “any privilege” in a mass-casualty event such as attorney-client privilege and constitutional rights, such as the Fifth Amendment protection against self-incrimination.
Due to concerns about that requirement, more than three dozen districts, including Kent ISD, filed a lawsuit Nov. 12, arguing that the requirement is vague and overly broad.
Filed in both the Michigan Court of Claims and federal court, the lawsuit prompted an agreement to extend the opt-in deadline to Dec. 4. Since a ruling is expected by Dec. 19, the agreement also stated that those districts opted in may reverse course and opt out by Dec. 30.
The objective of the lawsuit is to remove some of the language — such as the phrasing “any privileges” — from the budget guidelines that may be detrimental to schools and to school officials, said Kent ISD Superintendent Ron Gorman.
“The language is vague,” Gorman said. “It’s unconstitutional. If districts accept the funds, they have to give up their constitutional rights. They have to give up attorney-client privileges, and it would be very difficult to operate if we have to give up those rights. There are no other entities that are asked to give up those rights.”
Gorman said losing the grant funding could be devastating for districts, which have used the money for security resource officers, additional mental health personnel, and physical safety improvements such as protecting a natural gas line or changing a drive to prevent parking lot accidents.
‘We believe that all districts who are eligible to receive 31aa funding should be able to receive the funding without reservation.’
— Kent ISD Superintendent Ron Gorman
How a False Fire Alarm Could Become a ‘Mass-Casualty Incident’
Dan Behm, Education Advocates of West Michigan executive director, said the waiver requirement seems to have originated from the 2021 Oxford High School shooting and confusion over whether the state should have investigated. Although the intent was well-meaning, Behm said the larger problem is that the budget was crafted quickly and behind closed doors, without input from educators.
“School districts absolutely are willing to collaborate with local, state and federal government officials to figure out how to make our schools safer, more secure and healthy places for students,” said Behm, who served as Forest Hills Public Schools superintendent from 2006-2023. “That’s something that I know superintendents think about on a daily basis.”
However, the language in Section 31aa of the state budget, which covers the mental health and state funding grant, is what is causing concern. It states that districts, ISDs and all public and non-public schools must agree “to a full investigation and waive any privileges that might otherwise protect information from disclosure in the event of a mass-casualty incident.”
Behm said the requirement doesn’t specify which rights are being waived, such as the Fifth Amendment protection against self-incrimination or the privacy protections under the Family Educational Rights and Privacy Act.
Under FERPA, districts are legally required to protect the privacy rights of employees, students and families, Behm said. Failing to do so could lead to federal legal action for educators if they comply with the state’s waiver requirement.
Another concern educators have raised is how broadly the term “mass casualty” is defined in the requirements.
The state budget defines a “mass-casualty event” as any of the following occurring on school grounds or at a school-sponsored event: an incident causing significant injuries to at least three individuals, an incident resulting in fatalities, or an incident that exceeds the normal resources available for emergency response in the jurisdiction.
Behm emphasized that meeting just one of these criteria could activate the definition, potentially resulting in the state recording a mass-casualty event almost every day.
He gave the example of a small rural district: “If there’s a highway crash that draws all local emergency vehicles, and then something happens at the school requiring additional resources from another jurisdiction, that triggers a mass-casualty event.”
Even a false fire alarm could technically be considered a mass-casualty event, he said, if the emergency response exceeds normal local resources.
“I don’t think a reasonable person would see a false fire alarm that mobilizes first responders as a mass-casualty event,” Behm said.
Opt In or Opt Out, That is the Question
Behm said the requirement to “waive any privilege,” combined with a vague and overly broad definition of a mass-casualty event and the potential of criminal penalties, creates an untenable situation for schools.
“By accepting these funds, we would have to give up a tremendous amount,” Gorman said. “If we give up a tremendous amount now, what does that say for the future?
“We’re all for these funds. We believe that mental health is incredibly important. We believe safety and security is incredibly important as well. However, we believe that we are being asked to do something that is unreasonable and therefore that’s why we are participating in the lawsuit.”
Because the legislation requires funding to be distributed on a per-pupil basis among the schools that opt into the grant, Behm said, fewer participating schools could mean more money for those that do opt in.
Because 31aa funds are distributed on a per-pupil basis, intermediate school districts like Kent ISD do not receive a large share of the mental health and safety grant, Gorman said.
According to Kent ISD Assistant Superintendent Kevin Phillips, Kent ISD receives funding for its special education center programs, which in 2023-24 was $176,346 of which about $57,000 was spent. The 2023-24 funding carried over and an additional $51,000 was spent in 2024-25, Phillips said. Kent ISD applied for funding in 2024-25, but did not receive any new funds.
Kent ISD has opted in for the 2025-26 funding, depending on the lawsuit’s ruling.
“We believe that all districts who are eligible to receive 31aa funding should be able to receive the funding without reservation,” Gorman said.
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