President Terri Weems told the Farmington Public Schools Board of Education on Oct. 28 that the board may face a time-sensitive decision about whether to accept a state funding source known in discussion documents as “31aa.”

Weems said the proposed condition tied to the funding would require any district accepting it to “waive all privileges” if the district becomes the subject of a state investigation under a specified subsection, and that doing so could affect attorney–client communications, witness interview confidentiality and civil liability exposure.

The superintendent, Dr. Coffin, told trustees the topic is “a subject of a lot of hot debate” and that the district’s outside counsel (firms cited in staff materials include Thrun, Collins & Blaha) have advised the district to monitor developments. Coffin said the matter could be litigated and that courts or stays could change the timetable, but she warned trustees that if the provision stands they may need to make a formal decision by Nov. 16 and would likely have to call a special meeting to do so.

Why it matters: The waiver would, according to district counsel summaries shared with the board, alter the normal confidentiality between school officials and legal counsel in narrow investigative circumstances. Trustees were told the change could produce operational effects (how administrators discuss safety and mental-health planning) and possible increases in legal exposure for schools and staff.

What trustees asked for: Board members requested time to read materials already sent by staff — attorney summaries and a packet referenced in the meeting — and requested that the superintendent and attorneys prepare options and recommended next steps in advance of any required vote. Trustees discussed scheduling one or more special meetings and agreed they would need time to submit written questions to counsel and receive answers before making a decision.

Where this stands: Coffin said the information is evolving and that attorneys are not yet in a position to make a definitive recommendation; she asked trustees to review the materials in their inboxes and signaled staff will return with additional analysis and possible draft resolutions that other districts have considered.

Provenance: The board heard this briefing and discussion during the meeting; trustees were told a decision could be required by Nov. 16 and that the issue may be litigated or temporarily stayed.