Michigan schools face a difficult decision over state safety funding with an investigation clause.
- Michigan schools must decide by November 16 whether to accept state safety funding that requires them to waive legal privileges and submit to investigations after mass casualty events.
- The new requirement stems from Oxford High School families, including Steve St. Juliana, whose daughter was killed in the 2021 shooting, pushing for greater transparency in school shooting investigations.
- School superintendents like Anthony Berthiaume worry the clause could increase litigation risks, while Oxford families see it as a necessary step toward accountability.
A new requirement attached to Michigan's school safety funding is forcing districts to weigh financial support against potential legal risks, creating a dilemma that has divided educators and families affected by school violence.
WATCH: WHAT THIS NEW MANDATE COULD MEAN FOR OUR NEIGHBORHOODS
The state funding, designed to support mental health services and safety improvements, now includes a clause requiring schools to agree to investigations after mass casualty events. Schools must also waive attorney-client and investigator-client privileges to receive the money.
"I think we need more clarity," said Anthony Berthiaume, superintendent of St. Johns Public Schools.
The requirement stems from ongoing concerns about transparency following the Oxford High School shooting on November 30, 2021, which killed four students and injured several others.
Steve St. Juliana, whose daughter Hanna was killed in the Oxford shooting, filed a lawsuit with other victims' families seeking a deeper investigation into the tragedy.
"To get to the truth of what happened and to use that truth to create better lessons learned," St. Juliana said.
He believes past investigations weren't thorough and lacked full participation from school officials.
"Basically, all of the investigations stopped at the shooter and the parents," St. Juliana said.
The new funding clause addresses these concerns by ensuring schools cannot limit access during future investigations. However, superintendents worry about the implications.
Berthiaume explained that "mass casualty event" is broadly defined, and accepting funding means schools lose certain legal protections.
"It opens up the schools to more litigation," Berthiaume said.
He noted the requirement could affect confidential communications and carry legal and reputational risks for districts.
Despite these concerns, many districts need the funding. St. Johns Public Schools plans to use money for elementary counselors if they accept it.
"One of the things we are looking at as a district is incorporating elementary counselors," Berthiaume said.
The superintendent hasn't decided whether his district will accept the funds.
"This funding is very important to schools, but we need to understand what we are agreeing to if some of our rights are going to be taken away," Berthiaume said.
St. Juliana supports the new requirement, viewing it as progress toward accountability.
"Well, I mean it's a long time coming. It's a step in the right direction. Is it complete? No," St. Juliana said.
Schools have until November 16 to decide whether to accept the funding with its attached conditions.
I reached out to 12 other school districts in our neighborhoods.
Some echoing the same concerns as Berthiaume, saying, “So, it’s a bit of a catch-22. You don’t take the funds, you have to make cuts and potentially create more vulnerability for a mass casualty or other unsafe event in the district.”
Another said, “I understand why legislators added the stipulations and also why so many are against it. At the end of the day, I believe in transparency and doing what is best to support the students…”
Below are the responses I received from districts.
Lansing School District: Is aware of the clause and is exploring what it means for the district.
East Lansing School District: Recommending the Board of Education pass a resolution to accept the funds.
Okemos Public Schools: Is aware of the clause and talking with the board of education about next steps.
Holt Public Schools: Declined to respond.
Jackson Public Schools: Declined to respond.
Charlotte Public Schools: Declined to respond.
Eaton Rapids Public Schools: Declined to respond.
Grand Ledge Public Schools: Is currently reviewing the provisions and obligations in the state budget.
Waverly Community Schools: Is aware of the clause and currently undecided.
East Jackson Public Schools: Is aware of the clause and discussing with the school board to answer any questions and do what’s best for students.
DeWitt Public Schools: Declined to respond.
Mason Public Schools: Declined to respond.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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