- Carol Beth Litkouhi sought course materials for a high school class titled “A History of Ethnic and Gender Studies.” After reaching out to the teacher and school administrators without success, Litkouhi filed a FOIA request at the recommendation of the district.
- Despite the course having been taught for more than six months, the district refused to provide all the requested materials. The district argued that it was not required to obtain records held by individual teachers.
In February, the Michigan Court of Appeals ruled in favor of the school district, stating that only records possessed by a public body itself —not by its employees — are subject to FOIA.
This decision, now left intact by the Michigan Supreme Court’s refusal to hear the appeal, fundamentally alters the scope of FOIA by putting severe restrictions on how it applies to local government.
The records used or created by many public employees may now be kept secret, despite these records being for a public purpose and funded by taxpayers...
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