Michigan schools face tough choice as $321 million safety plan includes legal waiver condition

Michigan school districts are being asked to make a difficult choice this year — accept millions in state funding for school safety and mental health programs, or protect their legal rights.As reported by AP News, the 2025–26 state budget includes $321 million for school safety and mental health services. But for the first time, districts that apply for this money must agree to waive attorney-client privilege and cooperate with any state investigation if a mass-casualty event occurs on school grounds.

What the new rule requires

According to the law, public and private schools that accept these funds must agree to be subject to a comprehensive investigation, affirmatively agree to waive any privilege that may otherwise protect information from disclosure in the event of a mass casualty event, and comply with a comprehensive investigation.The AP news reports that the condition applies to several grant categories, including:

Why the clause was added

The requirement follows ongoing concerns in the wake of the Oxford High School shooting in 2021, which left four students dead and seven injured. The district’s internal investigation faced challenges when some employees declined to participate. Families of the victims have since called for laws ensuring that future investigations can proceed without such obstacles.

According to AP News, that lawmakers view the waiver as a way to guarantee full cooperation in any future probe and to avoid the kind of delays that frustrated families in Oxford.

Pushback from school groups

Several education associations — representing both public and religious schools — have urged state leaders to reconsider the language. In a joint letter, seven school groups said the provision raises “significant legal and operational challenges” and could discourage participation in the program.They argue that while transparency is important, the waiver is too broad and lacks clear limits. Some school attorneys have warned districts that accepting the funds could expose them to long-term legal risks.

Divided views in Lansing

Lawmakers from both parties have acknowledged the tension. Sen. Darrin Camilleri, D-Trenton, told Bridge Michigan that the clause came from the governor’s office and that some legislators are trying to find compromise language that addresses schools’ concerns while maintaining accountability.Rep. Tim Kelly, R-Saginaw, who helped shape the budget, told Bridge he considers the reaction from school groups to be an overreaction, though he expects a solution may still be introduced through an amendment to existing legislation.

Districts must decide soon

Districts have until November 30 to apply for the per-pupil funding through the Michigan Department of Education. The department has said it is aware of the concerns but cannot offer legal advice.Some superintendents have already said they will recommend opting out and using local funds instead, while others plan to proceed with applications despite the risk.As AP News reports, it remains unclear whether lawmakers will act before the deadline. For now, districts must weigh their need for safety and mental health resources against the potential cost of giving up legal protections.