Michigan Supreme Court Upholds Requirement for Schools to Forgo Attorney-Client Privilege for Safety Funding
The Michigan Supreme Court has made a decision not to hear a legal challenge regarding state budget provisions that dictate conditions for schools to qualify for safety funding. This ruling means that a requirement in the current budget remains in place, mandating that schools must waive attorney-client privilege in investigations following school shootings or other mass casualty incidents to receive grants.
Last year, most Michigan school districts refrained from applying for a portion of the $321 million allocated for security and mental health grants due to concerns that it could expose them or their employees to legal risks. Instead, numerous districts filed lawsuits, asserting that they should not be compelled to give up a standard legal right to access safety grants.
The budget language with the stipulation on attorney-client privilege was implemented in the aftermath of the Oxford High School mass shooting, as many district employees opted out of participating in an external investigation.
According to Peter Spadafore from the Michigan Association of School Administrators, “Every superintendent I know would do anything to keep their students safe, but last year 70% of the districts turned the money down, not out of indifference but because the fine print creates risks no responsible leader can accept.”
While Governor Gretchen Whitmer supported the budget language, stating that it safeguards essential investments in school safety and student mental health, a federal lawsuit concerning this matter is still pending. This case was paused during the state legal proceedings.
Michigan Representative Tim Kelly, who leads the House school aid budget subcommittee, hinted at a potential compromise to address the attorney-client privilege issue. He believes that some adjustments to the definitions could encourage more districts to participate in the program while ensuring accountability in case of emergencies.
“Clearly, we want more districts to take the money. That’s the design and the intent,” Kelly emphasized in an interview with Michigan Public Radio.
