By: Maria Allard | C&G Newspapers | Published February 21, 2026
MACOMB COUNTY — In 2022, the state Legislature created a new mental health and school safety grant known as 31aa funding.
Money was set aside in the school aid budget for school districts to receive the funding for mental health and school safety resources. The money could be used for hiring school psychologists, social workers and counselors, and providing threat assessment staff training, safety cameras, door blocks and much more.
According to the Michigan Department of Education website, Section 31aa would allocate $200 million for public schools and $14 million for nonpublic schools this year. But to receive the funding, districts must “opt in” and agree to many restrictions. The restrictions caused many districts to reject the funding.
One issue that came into question was the language tied to the waiver of privilege in case of a mass-casualty event. According to the MDE, districts who receive the funding must “agree to be subject to a comprehensive investigation, 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 in the event of a mass casualty event.”
The “mass casualty event” language pertains to any of the following that occurs on school grounds or at a school-sponsored event: an incident resulting in significant injuries to not fewer than three individuals; an incident resulting in fatalities; an incident that exceeds the normal resources for emergency response available in the jurisdiction where the incident took place; and an incident that results in a sudden and timely surge of injured individuals necessitating emergency services.
Eastpointe Community Schools opted in to receive the funding.
“It was a really hard decision to make. One of the most controversial funding (sources) to get. The language was so vague. Nobody really knew what that meant in layman’s terms,” Superintendent Christina Gibson said, but in the end, “We’re committed to creating a safe environment for children and adults to come to school.”
In November, the ECS Board of Education approved a resolution 7-0 to “opt in.” Under the resolution, the board will “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 for a period that would apply for the fiscal year in which eligibility was determined (2026) plus two additional fiscal years beyond that fiscal year (thus ending 2028).”
“One of the privileges that may be invoked in connection with a comprehensive investigation is attorney-client privilege, and only the Board can effectively waive attorney-client privilege on behalf of the School District,” the resolution states.
Based on a formula, ECS was to receive $140 per pupil multiplied by the fall count from October. At this point, though, it’s unclear how much 31aa funding Eastpointe will receive, “Because of how many districts didn’t take the funds,” Gibson said. “Because so many districts didn’t take it, are they going to reallocate the funds?”
Districts that opted out
There were many districts, including Warren Woods Public Schools, that opted out of the funding. After a thorough review of the associated requirements and restrictions — and in conjunction with legal counsel — the Warren Woods Public Schools Board of Education voted to opt out. Even with input from central administration, it was a difficult decision.
“While the intent of the legislation is understandable, several components introduced conditions that we felt were not in the best interest of our district, particularly those tied to the waiver of privilege in the mass‑casualty event clause,” Warren Woods Superintendent Stacey Denewith-Fici said in an email. “This requirement could extend to attorney-client, investigator-client, and work product protection. This broad waiver had no time limit and could expose past or unrelated communications, reducing candor in legal and safety discussions.
“What I can say is that districts across Michigan have expressed concerns about the language. As written, the term ‘mass casualty event’ could also encompass routine but serious incidents such as incidents at athletic events or bus accidents which exceed the catastrophic scenarios the Legislature likely intended,” Denewith-Fici said. “The board examined the implications closely, read many legal advisories. Ultimately, the board made the final decision and signed a resolution affirming their decision not to participate based on cumulative concerns.”
According to Denewith-Fici, the 31aa amount allocated for WWPS was $499,507. However, the district would not have applied any of the funds to the current school year.
“At this time, the district does not need to make any staffing changes as the 31aa funds that we are expending this school year are those previously allocated to us from the 2024-2025 school year,” Denewith-Fici said. “Currently, the district is spending carryover funding from 2024-2025 to pay for a social worker, a school nurse, online service to connect families to mental health resources, and some school security upgrades.”
In the past, Warren Woods received 31aa funding for guest speakers for students, staff and families; social workers, nurses, safety managers, vape detection systems, and safety upgrades, and for Care Solace, a social purpose organization that works with businesses, other groups and school districts to help people find access to mental health care.
When asked if she thought the restrictions placed on districts were related to the Oxford High School shooting of 2021, Denewith-Fici said, “With respect to the broader context around the legislation, I cannot speak to the legislative intent behind the mass‑casualty clause or whether it was connected to any specific event such as the Oxford High School tragedy. What I can say is that districts across Michigan have expressed concerns about the language.”
Warren Consolidated Schools Superintendent John Bernia made the decision to opt out of receiving the 31aa grant money.
“The board took the recommendation from me,” said Bernia, adding the school board also studied the matter and met with other educators regarding the funding. The district would have received $1.4 million.
One reason for opting out was because of “the uncertainty around the language” related to the “mass casualty event” and “waiving attorney/client privilege” clauses.
“It was really broad and vague in how it’s defined,” Bernia said. “The feeling of our board was, ‘I don’t know how that would work.”
Another reason WCS opted out was because the district still has funding available for mental health and security resources through the state’s 31a grant program. The 31a grant program is different from the 31aa funding. While the 31aa grant funding is specifically for mental health and security, 31a is at-risk funding and is “pretty broad,” Bernia said.
Since the 31a funding can be used for the same purchases as the 31aa funding, Bernia said the district will use existing 31a funding as well as other grants the district receives. Bernia said “31a has been great for us.” The grant has provided for many services, including adding elementary school counselors and transitional kindergarten.