According to a recent Michigan Court of Appeals decision, public school teachers are not considered a “public body” under Michigan’s Freedom of Information Act (FOIA), and records created and retained by an individual teacher are not public records subject to disclosure. Litkouhi v Rochester Community Schools, Case No. 364409 (Mich Ct App, 2024).
The FOIA requester sought a teacher’s “lesson plans, readings given to students (articles, publications, case studies), viewings (video clips), and assignments used to evaluate students (writing prompts).” When the school responded that it had no responsive documents, the requester sued to compel disclosure.
FOIA “Public Bodies”
FOIA defines a “public record” as a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function. FOIA is broadly interpreted to promote public transparency; FOIA’s exemptions, however, must be narrowly construed.
In ruling for the district, the court concluded that a teacher is not a “public body” under FOIA. Accordingly, documents prepared, owned, used, or possessed by an individual teacher are not public records that a school must produce in response to a FOIA request.
The court’s determination, however, does not preclude scenarios by which documents that teachers possess or create could become subject to FOIA disclosure. As noted by the court, an employer may direct a teacher to produce lesson plans or other documents for school-related purposes. The school’s possession of those documents could cause the documents to be considered public records and, therefore, subject to disclosure under FOIA.
Schools may also be required to disclose documents through other legal procedures. For example, educational records subject to the Family Educational Rights and Privacy Act (FERPA) afford parents and eligible students the right to access educational records. The Revised School Code also provides parents the right to review the curriculum, textbooks, and instructional materials from their child’s school. Court orders and subpoenas may require schools to disclose records in some circumstances.
If you have any questions about FOIA and its applicability to school records, please contact a Thrun attorney.