Superintendent flags concerns about new 'mass casualty' language tied to safety and mental health funding

Superintendent Kirby used his report to alert the board to concerns about recently authorized safety and mental health funding and its accompanying language. He said the program could bring significant dollars to districts (he cited a hypothetical maximum of about $1,200,000 if every eligible district applied) but raised worries about an unclear definition of "mass casualty" and a provision for a governor‑appointed investigator.

"If there is a mass casualty event, which is poorly defined, ... it could be anywhere from a bus accident with multiple injuries to a chemical spill," Kirby said, arguing the language is broad and could impact whether districts must waive typical privileges such as attorney‑client confidentiality during an investigation. He noted associations are requesting clarification and that the governor's investigator appointment appears to carry no explicit criteria for the investigator's qualifications or agency affiliation.

Because the language is still in flux, Kirby proposed holding a special board meeting before the end of the month to consider whether to accept the funds after receiving clarified language and legal guidance. Board members asked whether turning funds down this year would risk losing future allocations; Kirby said that detail is part of the uncertainty state associations are trying to resolve.

The board did not take action at the Nov. 10 meeting; administration said it would monitor legislative changes and proposed dates for a special meeting if needed.