Section 31aa Funding Alert

Each year, the State School Aid Act sets expectations with respect to school compliance by establishing various requirements for school districts to be eligible for various sources of funding.  For the fifth consecutive year, the Legislature saw fit to provide additional funding (estimated at $140/pupil) for school safety purposes.  However, this year, to be eligible for funding pursuant to Section 31aa, school districts are required to consent to an independent investigation and “affirmatively agree to waive any privilege that may otherwise protect information from disclosure” after a “mass casualty event.”  Because accepting this funding requires the waiver of privilege–a novel request by the Legislature–we recommend the Board of Education make the decision to accept such funding. The Michigan Department of Education has set a midnight deadline on November 16, 2025, to certify acceptance of the conditions associated with Section 31aa funding.

The decision on whether to accept or decline funding under Section 31aa is highly dependent on local factors not easily distilled into a one-size-fits-all client alert.  The Miller Johnson team is available to assist you and your Board of Education with analyzing the relevant factors and making a decision that suits your school district and its needs.  For inquiries, please contact Adam Blaylock at BlaylockA@millerjohnson.com or (313) 672-6924.