By Alethia Kasben
Gongwer News Service
The Michigan Court of Appeals upheld a lower court decision allowing the requirement for schools to sign a waiver to receive school safety and mental health funding to stand over objections from multiple districts.
Macomb Intermediate School District et. al. v. State of Michigan et. al. (COA Docket No. 378748) involved a coalition of schools challenging a condition on mental health and safety funding. Under the 2025-26 fiscal year budget, for schools to receive a portion of the $321 million, they had to sign a privilege waiver agreeing to cooperate in an investigation in light of a mass casualty event.
The schools argued it was coercive, violated the Constitution and was otherwise illegal. The Court of Claims ruled for the state, and a Court of Appeals panel unanimously upheld the lower court in a recent decision.
Judge Adrienne Young wrote for the majority in rejecting the schools’ arguments that the requirement was waiver was vague, unconstitutional and violated several laws.
“(The subsection) does not create, abolish, redefine, expand, narrow, or in any way change any privilege,” Young wrote. “The statute does not identify any specific privilege that funding recipients agree to waive, so it does not imply that funding recipients have or lack any particular privileges. Rather, it offers funding recipients a choice of waiving their privileges, whatever those privileges might be, in exchange for specific funds. The Legislature may impose conditions on the receipt of funding. And anyone may choose to waive any privilege.”
Additionally, the court found, “When read carefully, the amendments are not unconstitutionally vague, the scope of the waiver is not unlimited, and plaintiffs need not fear criminal sanctions for invoking a privilege in good faith.”
Judge Daniel Korobkin and Judge Mariam Bazzi also signed the opinion.
Gongwer News Service
The Michigan Court of Appeals upheld a lower court decision allowing the requirement for schools to sign a waiver to receive school safety and mental health funding to stand over objections from multiple districts.
Macomb Intermediate School District et. al. v. State of Michigan et. al. (COA Docket No. 378748) involved a coalition of schools challenging a condition on mental health and safety funding. Under the 2025-26 fiscal year budget, for schools to receive a portion of the $321 million, they had to sign a privilege waiver agreeing to cooperate in an investigation in light of a mass casualty event.
The schools argued it was coercive, violated the Constitution and was otherwise illegal. The Court of Claims ruled for the state, and a Court of Appeals panel unanimously upheld the lower court in a recent decision.
Judge Adrienne Young wrote for the majority in rejecting the schools’ arguments that the requirement was waiver was vague, unconstitutional and violated several laws.
“(The subsection) does not create, abolish, redefine, expand, narrow, or in any way change any privilege,” Young wrote. “The statute does not identify any specific privilege that funding recipients agree to waive, so it does not imply that funding recipients have or lack any particular privileges. Rather, it offers funding recipients a choice of waiving their privileges, whatever those privileges might be, in exchange for specific funds. The Legislature may impose conditions on the receipt of funding. And anyone may choose to waive any privilege.”
Additionally, the court found, “When read carefully, the amendments are not unconstitutionally vague, the scope of the waiver is not unlimited, and plaintiffs need not fear criminal sanctions for invoking a privilege in good faith.”
Judge Daniel Korobkin and Judge Mariam Bazzi also signed the opinion.
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