Should you as a parent have the right to know what is happening in your child’s classroom?

Not according to the state of Michigan.

In early 2023, the Michigan Court of Appeals ruled in the case of Litkouhi v. Rochester Community Schools that teachers are not subject to the Freedom of Information Act (FOIA). That means documents prepared or used by teachers in the classroom, such as lesson plans or homework assignments, are not public records and therefore not available for parents and legal guardians to review.

As an elected official who had to comply with FOIA for most of my public life, that ruling doesn’t make sense to me. (I say “most of my public life” because the Legislature and governor’s office are currently exempt from FOIA, but regular readers of this column might remember that I’m working to fix that problem.)

Public school teachers are public employees paid with taxpayer dollars, and even more importantly, they spend hours every day using these documents to help shape our children’s futures. They should be subject to the same transparency requirements as all other government employees.

I filed House Bill 4220 in March 2023 to try to provide greater transparency for taxpayer-funded education materials. The language is simple: a public record is defined as any document prepared or used in the performance of an official function by an officer, employee, or contractor of a public body, in the scope of that person’s duties. That’s it.

So that means a teacher checking their personal email would not be subject to FOIA, only the material they produce and use for their job. Just like other public employees.

The key phrase here is “materials within the scope of their duties.” If the material is being presented to students, parents should be able to know what it is. That’s all. And I’m not sure why anyone would object to that.

Earlier this month, The Detroit News reported that the Rochester Education Association and Rochester Community Schools were finalizing new employment contract terms. It was reported that “any record of classroom procedures…shall be made only with the express permission of the teacher.”

The Detroit News further reported that new language in the Rochester Education Association contract would provide some legal protection or “immunity” from what is said or done in the classroom. The new contract would require a school administrator to accompany any parent that wanted to observe classroom instruction, and the newspaper reported that the contract language would protect “special circumstances that surround the teacher/ learning relationship.” I’m not sure why that’s necessary.

It’s unfortunate that my legislation is needed. I’ll bet the vast majority of teachers are very proud of the work they are doing to educate our students. Why would documents, lesson plans, and teaching materials – paid for by taxpayer dollars – need to be hidden from taxpayer review?

To me, letting parents see what their children are being taught seems like common sense. Parents and legal guardians are ultimately responsible for their children’s outcomes, so they must not be kept in the dark.