Michigan schools must agree to waive their attorney-client privileges and comply with mass casualty investigations in order to receive school safety funding.
Under state law, school districts and private schools that agree to the funds must also “agree to be subject to a comprehensive investigation, must affirmatively agree to waive any privilege that may otherwise protect information from disclosure in the event of a mass casualty event, and must agree to comply with a comprehensive investigation,” Bridge Michigan reports.
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A letter issued by seven school groups is calling on lawmakers to reword the law’s language, noting it “raises significant legal and operational challenges that could unintentionally discourage full participation in the program and complicate school responses to emergencies.”
The current state budget allots $321 million for school safety and mental health funding, including $214 million for per-pupil mental health and safety grants, $53.5 million for school resource officers and safety canines, and $53.5 million for mental health staffing.
Oxford School Shooting Catalyst Behind Law Language
The Nov. 2021 mass shooting at Michigan’s Oxford High School, which left four students dead, raised many concerns from community members, including concerns about the lack of cooperation from school and district employees.
Independent investigators from Guidepost Solutions, a New York-based firm, issued a 572-page report on the shooting, determining many current and former Oxford Community Schools employees did not cooperate with the investigation. The report describes efforts by the lawyers for the district and the teachers union to discourage people from cooperating. Guidepost reached out to 161 people for interviews but 70 refused or did not respond, including most of the shooter’s former teachers.
Proponents, Opponents Voice Opinions on Michigan School Safety Funding
Steve St. Juliana, whose daughter Hana died in the shooting, told Bridge Michigan that he supports the law requiring districts to comply with mass casualty investigations.
“I think it’s absolutely necessary,” he said. “I think it would be better addressed in changing the immunity laws and making the right change and a long-term change. But as of right now, the Legislature isn’t willing to go there. This is the best they’ve come with so far.”
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Redford Union Schools Superintendent Jasen Witt told Bridge Michigan that he does not support the language and that there should be no strings attached to mental health and school safety funds.
“I understand people’s need or desire to obtain transparency and accountability but I believe that there’s other ways that could be done short of this approach,” Witt said, adding that the measure is an “attempt to I guess appease people without having to go after and tackle the hard issue about governmental immunity.”
Brian Broderick, executive director of the Michigan Association of Non-Public Schools, also told Bridge Michigan that he does not support the language.
“It’s really broad, there’s no time limit to it and you would be waiving it forever, apparently,” he said, noting some lawyers are telling schools that the risk of accepting the money may outweigh the benefits of the funding.
School districts have until Nov. 30 to apply for the per-pupil funds from the Michigan Department of Education. It is still unclear if lawmakers will change the law before the deadline.
