School districts argue restrictions on mental health funding are unconstitutional
Lawmakers and school districts alike are working to prioritize bringing additional mental health support for students, but this year’s education budget included a new stipulation schools are hesitant to get behind.
When the new state budget finally passed in the early hours of Oct. 3, $314 million was set aside for mental health and student safety funding. New this year, however, was a catch: To get the money, schools have to waive certain, undefined privileges and agree to be subject to a comprehensive investigation in the event of a mass casualty incident.
The change was driven in part by frustrations following the mass shooting at Oxford High School in Oakland County on Nov. 30, 2021, in which the district has deflected investigations and lawsuits, claiming governmental immunity.
Now, more than 30 education agencies have teamed up for joint lawsuits filed in state and federal courts claiming the ask is unconstitutional.
According to language in the budget, a “mass casualty event” is any event where: three or more individuals face significant injuries; “An incident resulting in fatalities”; an incident that requires additional resources in emergency response available where the incident took place; or an incident resulting in a sudden and timely surge of injured individuals needing emergency services.
Four students – Tate Myre, 16; Hana St. Juliana, 14; Madisyn Baldwin, 17, and Justin Shilling, 17 – were killed at Oxford High School. An independent investigation found the incident was avoidable.
“I think there are some items that need to be remedied,” Ingham Intermediate School District Superintendent Jason Mellema told the State Journal. “That’s at least our viewpoint at this point in time, with respect to those specifications. That’s why we sought litigation in both federal and state courts. We believe that violated both the U.S. and Michigan constitutions.”
Lansing area districts involved in litigation
More than 30 intermediate school districts and K-12 districts filed the lawsuit, arguing that the funding restrictions are unconstitutional and claiming the privilege waiver was a violation of the 14th amendment.
The Ingham Intermediate School District was among the districts listed in the suit.
Mellema told the State Journal that a combination of the vagueness of the language within the legislation, including the definition of what constitutes a “mass casualty event” along with the fact that schools would have to waive protections, is a cause for concern for districts.
“There are definitely some concerns that we have with respects to the requirements that are listed within the legislation the way it was written and we believe that it requires boards of education, plus district employees, to waive those constitutionally protected rights to receive that funding, which raises some pretty significant legal and ethical concerns,” Mellema said.
According to the language within the budget, an investigation into the circumstances around the incident may include communication procedures, compliance with safety protocols, and any other factors contributing to the incident. The governor would be responsible for designating the investigator or entity.
The funding is available to all public school districts in the state, and $214 million of it is doled out on a per-pupil basis. The remaining dollars are competitive grants for school resource officers and security dogs, or for hiring support staff for students with mental health needs.
To receive the money, which is called Section 31aa money by school officials, districts “must 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,” according to the legislation.
The Michigan Association of School Boards, Michigan Association of Intermediate School Administrators, Michigan Association of Superintendents and Administrators, Michigan Association of Secondary School Principals, Michigan Elementary and Middle School Principals Association, Michigan School Business Officials, and 189 individual school districts throughout the state filed an amicus brief supporting the position of the districts who brough the lawsuits.
Okemos Public Schools is among them.
Tom Buffett, Okemos school board president, said the legislation’s ambiguity is a concern when it comes to accepting the allocations.
Okemos Public Schools has opted in to receive the mental health funding, though they only plan to accept if the district is able to maintain its rights, Buffett said.
He said that the district would expect to receive anywhere from $600,000 to $1 million in funding if they opted in, but the idea of losing something like attorney-client privilege is a worry for the district.
“We would find really good uses for the extra money that would enhance what we’re doing,” Buffett said. “The downsides of accepting that money are hugely problematic.”
He said the loss of attorney-client privileges could prevent important conversations from taking place at all levels, from staff to administrators to trustees.
“That felt really unfair to anyone who works in a school district, trustees included,” Buffett said.
Buffett said the ambiguity behind what constitutes a mass casualty event, as well as what rights would be waived, were the biggest issues the board faced in terms of accepting the funding. A mass casualty event is generally defined as any event that requires an influx of emergency resources. Buffett said the lack of specificity leaves them wondering what privileges could be waived in the case a bad fight breaks out on the football field, for example.
“I don’t think this should be something that should be a great sacrifice or waiving of rights to receive the money,” Buffett said.
What’s next in court?
The timeline has been adjusted multiple times for schools to decide whether they want to opt in for funding, Mellema said, with the latest deadline to decide if they want the funding set as Dec. 4. However, a first for him, Mellema said, is the fact that schools will have an option to opt out, depending on whether or not the funding restrictions stand.
According to Court of Claims documents, schools can rescind their acceptance of the funds until 11:59 p.m. Dec. 30.
“This is a very unique timeline,” Mellema said. “This is my 15th year being superintendent, and I’ve never seen a rescind button.”
The Michigan Court of Claims will hold a hearing at 10 a.m. on Dec. 11, and the U.S. District Court Eastern District of Michigan has a motion hearing scheduled for 2 p.m. on Dec. 18, according to court documents.
– Contact Karly Graham at [email protected]. Follow her on X at @KarlyGrahamJrn.
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