Board receives refresher on Open Meetings Act, FOIA and FERPA from district counsel

Attorney Jennifer Starlin of Troon Law Firm briefed the Novi Board of Education Wednesday on the Open Meetings Act, Michigan FOIA and the federal Family Educational Rights and Privacy Act (FERPA).

‘‘We could spend a couple of hours on each of these topics,’’ Starlin said in opening a condensed refresher the board requested. The presentation covered the obligations of a public body to hold open meetings, how FOIA presumes disclosure unless a statutory exemption applies, and FERPA limits on releasing student education records.

Why it matters: board members must avoid deliberating outside public meetings, follow rules for public comment and recordkeeping, and protect FERPA‑protected student records while responding to FOIA requests.

Key points from Starlin’s presentation:

- Open Meetings Act basics: meetings of a quorum deliberating toward a decision must be open, properly noticed and held in a public place. Committees that exercise board functions may need to comply with OMA; round‑robin deliberation and ‘‘reply all’’ email chains can create violations.

- Electronic participation and ADA considerations: post‑COVID changes limit remote participation largely to military duty absences; boards must consider ADA accommodations case by case.

- FOIA procedure and exemptions: a public body must respond within five business days (or one 10‑business‑day extension). Common exemptions include FERPA‑protected student records and Social Security numbers; other exemptions (e.g., personal privacy) may justify redactions rather than withholding entire documents.

- FERPA basics: education records are broadly defined as information directly related to a student and maintained by the school. Disclosure generally requires parental consent unless a listed exception applies, including transfers to another school, a bona fide health or safety emergency, or court order. Starlin explained the ‘‘directory information’’ concept and parental opt‑out rights.

Board members asked clarifying questions. Trustee Michener asked how FERPA defines “parent” when custody issues are involved; Starlin said parental rights are broad and only a court order would typically strip those rights. Trustee Cook asked whether students who appear in video footage of an incident are considered education records; Starlin said a recording that directly relates to a specific student is an education record for that student; other bystanders are generally not covered unless the footage discloses information about them.

Starlin reminded trustees that using personal devices or personal email accounts for official business does not exempt those communications from FOIA; she recommended using district accounts to simplify searches and responses. She also pointed trustees to recent case law on name redaction when disclosure would reveal intimate or embarrassing details.

Ending: Starlin offered to follow up on specific scenarios submitted through district staff if trustees have additional questions about applying the statutes to particular facts.