November 21, 2025

Earlier today, we received some positive news regarding the pending lawsuits against the waiver language in Sec. 31aa. You are now encouraged to opt in for the mental health and school safety funding before the deadline on Dec. 4. If the court cases are not settled favorably, you will have the ability to rescind the opt-in until Dec. 30, 2025.  Please see the following message from the lawyers handling the case:

“We write to provide an update on the pending state and federal lawsuits challenging the provision of Section 31aa (MCL 388.1631aa) that requires schools to waive privilege as a condition of receiving that funding.  This week, as a compromise to relieve the immediate emergency, the parties have agreed to (1) extend the deadline to opt-in to receive Section 31aa funding until December 4, 2025, at 11:59 p.m., and (2) allow schools to rescind your opt-in, including the privilege waiver, no questions asked, by December 30, 2025, at 11:59 p.m.

In light of that agreement, to preserve your ability to receive Section 31aa funding in the event we win on the merits, it is critical that you opt in to receive Section 31aa funding by December 4, 2025, at 11:59 p.m.  You will not be able to opt in to receive Section 31aa funding after this deadline.

Both courts have committed to issuing a final decision on the merits of their respective cases by no later than December 19, 2025.  Therefore, if we win in one or both courts (i.e., the privilege waiver is found unconstitutional), schools will not need to rescind, and your privileges will be preserved. If we lose in both courts, you may rescind your opt-in, which will void your opt-in and acceptance of the privilege waiver. If we lose and you fail to timely rescind, you will receive the funding and will have waived privilege.

This means that if we lose in BOTH courts on December 19, 2025, you must affirmatively RESCIND your opt-in by no later than December 30, 2025, at 11:59 p.m. to preserve your privileges.

Please note that even if you timely rescind, the funding may still be issued to you. If that occurs, MDE will accept your rescission and recoup the funding by deducting the amount from future state school aid payments until all funds have been fully recouped.

We recognize the tight window between December 19 and December 30, particularly given the holidays, so we want to emphasize the importance of planning now in the event our position does not prevail.  We encourage you to monitor the Michigan Department of Education bulletins and website for updates.  We will also issue additional communications as these events unfold to keep you apprised of the steps you should be taking to ensure you can receive the funds if we win and are protected if we do not.”