Lake Orion weighs state safety money that requires waiving attorney-client privilege

Lake Orion Community Schools is again weighing whether to accept state school safety money that comes with a condition the board rejected less than a year ago: waiving attorney-client privilege after a mass casualty event.

Administrators updated the Board of Education on the state's 2026 Section 31aa funding at the board's Sept. 23 regular meeting, according to the Lake Orion Review.

Two pots of money

The Legislature created 31aa funding in 2022 as a state aid line item for student safety and mental health. This year it is split into two sources, said Andrea Curtis, assistant superintendent of business and finance:

• Mental health: up to $73.53 per pupil, based on the fall 2026 student count. It can pay for nurses, psychologists, social workers, counselors, mental health screening and technology for behavioral health records.
• School safety: up to $147.06 per pupil.

The condition

The safety money carries strings. Under state conditions, districts must agree to be subject to an investigation after a mass casualty event and to waive any privilege that could shield information from disclosure, including attorney-client privilege, for an unspecified period. Districts must also agree to comply with a comprehensive investigation.

Curtis defined a mass casualty event as "an incident resulting in significant physical injuries to not fewer than three individuals," along with incidents causing two or more deaths or requiring substantial outside emergency resources.

Board said no last year

At a special meeting Dec. 30, 2025, the board voted unanimously to rescind its earlier decision to opt in, turning down about $1.13 million in 31aa money.

The privilege waiver drove that decision, according to the Lake Orion Review. Board members worried that employees might fear incriminating themselves when speaking with attorneys, making them less forthcoming and hindering an investigation.

Deadline approaching

Applications are due Monday, Nov. 9, for funds to arrive in December's state aid payment. A second deadline in January covers February payments.

"But the one caveat is that is dependent on when the application becomes available," Curtis said.

The board is expected to discuss how to proceed. No date for that discussion has been announced.

On the ballot, too

The decision lands as Lake Orion voters prepare for the Nov. 3 election. The district is asking for a $115.985 million bond, up to 7 mills, after a $272 million bond narrowly failed in November 2025.

Four candidates are running for three four-year board seats: incumbents Jeff Faber, Heather Sinawi and Jake Singer, and challenger Paul Cassise.

This story uses reporting from the Lake Orion Review and information from the Oakland County Clerk.