A recent court decision allows Michigan school districts to shield their curricula from parents by keeping materials in the possession of teachers rather than the district.

Under the Michigan Court of Appeals’ interpretation of public records law, school materials held by teachers are not subject to public scrutiny. That decision came in a case that was litigated by the Mackinac Center on behalf of Carol Beth Litkouhi, a mother with a child in the Rochester Public Schools district who requested course materials for a high school class.

The Michigan Supreme Court in October declined to hear the case.

Under the Court of Appeals' interpretation, only records possessed by a public body itself – not its employees – are subject to Freedom of Information Act requests. That means only records a school district has – not its teachers – are subject to inspection by taxpayers.

The loophole is large enough to drive a school bus through. How is getting a student’s curriculum from the district different from asking the teacher for it?

FOIA is the primary tool for the everyday person to insist on government integrity. Applying it only to public bodies and not to employees of those bodies, like teachers, significantly weakens that tool.

It also flies in the face of the Michigan Constitution’s statement that “It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children.” Parents will struggle to direct the teaching and education of their children when schools funded by their taxes can easily conceal teaching materials.

Before this ruling, Michigan ranked almost last in the nation for transparency. We are one of two states that exempt the governor’s office and the legislature from FOIA. The Court of Appeals ruling highlights our state’s failure to protect the right of citizens to hold elected officials accountable.

Transparency might not be a top voter issue. It’s not flashy. Access to government documents doesn’t seem to matter until, like Carol Beth Litkouhi (who won a seat on the Rochester school board after the school blocked her request), you’re the one who needs them.

Secrecy degrades citizens’ trust in their leaders.

Michigan policymakers have a clear path to restore that trust. The Michigan Senate approved a bill this summer to brush away the cloud of secrecy over the state legislature and governor’s office. A single clause in that legislation could close the loophole the Court of Appeals opened. The Mackinac Center outlines these recommendations in recent research and model legislation.

Every parent deserves to know what materials teachers are using to educate their children. All citizens ought to be able to keep watch on how their tax dollars are being spent. Michigan policymakers have the tools they need to make our state a leader in transparency.

Permission to reprint this blog post in whole or in part is hereby granted, provided that the author (or authors) and the Mackinac Center for Public Policy are properly cited.