The requirement that districts “waive any privilege” in the event of a “mass casualty event” could extend to attorney–client, investigator–client, and work product protections. This broad, preemptive waiver has no time limit and could expose past or unrelated communications, reducing candor in legal and safety discussions. As written, the term “mass casualty event” could also encompass routine but serious incidents—such as multiple injuries at athletic events or bus accidents—far beyond the catastrophic scenarios the Legislature likely intended. Additionally, the waiver could prevent districts from entering closed sessions under the Open Meetings Act or shielding sensitive records under FOIA, creating confusion about what can be discussed or disclosed during a crisis response. 

We recommend narrowly tailoring the statute to limit investigations to catastrophic school safety incidents defined by scale and severity; require districts to cooperate fully while preserving legal privileges; and maintain compliance with existing privacy and transparency laws, including FERPA, FOIA, and OMA. We are happy to meet with lawmakers to discuss possible changes that preserve the Legislature’s intent while addressing the legal uncertainties identified by counsel. 

Michigan’s education community remains committed to working with policymakers to ensure safe, transparent, and accountable schools. We urge prompt legislative clarification to protect both the public’s right to know and the districts’ ability to respond effectively and lawfully when tragedy strikes. The current deadline for application for these funds is November 16.