MI Supreme Court Declines to Intervene in Public Records Dispute

Michigan Supreme Court Declines to Intervene in Public Records Dispute

Teachers Union and School District at Odds Over Data Access

The Michigan Supreme Court recently declined to hear a case regarding whether public school teachers’ class materials are subject to the state’s Freedom of Information Act (FOIA).

This case stems from a parent in Rochester, Carol Beth Litkouhi, who filed FOIA requests to access materials from a high school course on Ethnic and Gender Studies. The school district argued that the documents, since they were held by individual teachers and not the public body itself, were exempt from FOIA.

The Michigan Court of Appeals sided with the district, ruling that only records held directly by public bodies, not their employees, are subject to FOIA.

• ​Michigan Capitol Confidential ​
• Michigan Public

Concerns About Transparency

This decision raises concerns about transparency. Opponents of the ruling, including the Mackinac Center for Public Policy, argue that it creates a loophole that allows local government employees to withhold information, even if it’s produced during their official duties.

They warn that this could severely limit the public’s ability to hold local governments accountable​.

• Mackinac Center

The justices ruled in a one-sentence order Wednesday that they won’t disturb an appeals court decision that says teachers are not covered by the Freedom of Information Act.

This case has sparked calls for legislative action to amend Michigan’s FOIA law to explicitly include records held by local government employees, ensuring public access to important information. You can read more about the legal documents and the court’s decision here.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.