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Michigan Freedom of Information Questions

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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FEES

QUESTION 25. - FOIA
MAY A PUBLIC BODY CHARGE ME IF I REQUEST TO REVIEW A PUBLIC DOCUMENT BUT DO NOT REQUEST A COPY?

In Attorney General Opinion 5500 rendered in 1978, the attorney general interpreted Section 4(1) as calling for fees only where copying is required. The AG specifically stated that the assessment of fees is limited to providing copies of document and that the labor cost involved in search, review and deletion of exempt information may only be imposed if the requester asks for a copy. Asking to review documents first is advisable because you may determine that your request was not understood or was too broad or too narrow. It is always helpful to talk to the public body to whom you have made a request. An unduly burdensome request can make for an uncooperative public body.

PERSONAL FILES

QUESTION 26. - FOIA
CAN I OBTAIN PERSONNEL FILES UNDER FOIA FOR TEACHERS?

Personnel files of public employees are writings in the possession of a public body. Therefore they are public documents subject to disclosure of the FOIA. However, school boards will usually redact information that they believe constitutes private information, the release of which would be clearly unwarranted. Unfortunately, school teachers and their unions take the position that everything in the file should be withheld. Lately, teachers and other school employees such as principals have gone on the offensive, filing lawsuits against a school district to enjoin release of any portion of the teacher file. School districts of course often simply want to obey the law and do not vigorously defend the right of the requester. Instead many school districts have been passive. These lawsuits have been filed frequently in cases involving requests by parents or other non-media defendants who do not have the wherewithal to defend the initial request.

However, two cases are now pending in the Court of Appeals which may well give guidance to school boards as to the type of information which can be withheld. Remember that the school district may turn over the entire file. The withholding of information from a FOIA request is a permissive right not a mandatory directive of the FOIA.

Attention should be paid to the outcome of these two cases: Lansing Association of School Administrators v. Lansing School District, and Christine Bradley v. Saranac School District. Arguments were held in early October of 1995. A decision should be forthcoming in the next six to eight months. In addition, another case has been filed in Manistee County against the Manistee School District over a FOIA request of the Traverse City Record Eagle. In that case the court invited the newspaper to join in the lawsuit.

Michigan Press Association has appeared as amicus curiae in the Lansing case which has been consolidated with the Saranac case.

Question 27. - FOIA
CAN I GET ACCESS TO DISCIPLINARY INFORMATION OR THE GRADES OF A PUBLIC SCHOOL STUDENT?

Section 13 of the Freedom of Information Act allows public bodies to withhold information required to be withheld under the Federal Privacy Act. The Federal Privacy Act prohibits the disclosure of information about a public school student for schools receiving federal funding. The Act allows a directory to be furnished but no more. Directory information includes the following:

FERPA - 1232g(a)

  1. DIRECTORY INFORMATION: *
    1. name
    2. address
    3. telephone
    4. date and place of birth
    5. major course of study
    6. officially recognized activities
    7. weight and height of athletes
    8. dates of attendance
    9. degrees awarded and awards received
    10. the most recent previous educational agency attended

    * School must announce intent to disclose these kinds of facts and the right of the student or parent to require confidentiality.

  2. Limited access to Final results of any disciplinary proceeding conducted by the school against a student who is an alleged perpetrator of any crime of violence or a nonforcible sex offense:
    1. Name of Student
    2. Violation committed
    3. Sanction imposed Other student names are redacted except with specific permission, i.e. victim and witnesses.

  3. Records maintained by law enforcement unit for the purpose of law enforcement. BUT:

    Under CFR 99.8, law enforcement records are those created by law enforcement unit and does not mean records kept or maintained by others for non-law enforcement purpose such as a disciplinary action conducted by the school.

    Section 1092 (f) Security on Campus

  4. Statistics on campus crime and access to a campus log of crimes including nature of the offense, time, date and general location and disposition.

On the other hand the Act allows the withdrawal of funds in the event the following information is released without the permission of the parent or a court order.

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