A Rochester Community Schools trustee is suing her district over free speech concerns.
Carol Beth Litkouhi says her fellow board members censured her for writing an op-ed criticizing a proposed millage to fund schools in Oakland County. She claims district leadership had asked her to hold off on discussing potential millage plans.
The school board accused her of violating a bylaw against sharing information the school district hadn’t already shared.
Litkouhi, however, argues that bylaw violates the First Amendment of the U.S. Constitution.
The Mackinac Center Legal Foundation is taking up her case. Senior attorney Derk Wilcox said school boards shouldn’t be allowed to keep policy discussions secret.
“That's not how school boards or other public bodies are supposed to work. They don't get to say that before speaking to your constituents and the public that you need to get pre-approved from the board majority. This is especially true for, you know, the minority in any elected body,” Wilcox said.
The censuring resolution asserts Litkouhi’s op-ed referenced “confidential information,” and that it was, “misleading, and harmful to the reputation of the District.”
“[T]his action constitutes a breach of Board Bylaw 1001, undermines the integrity of the Board/Superintendent relationship, makes it increasingly difficult for board members to receive necessary information in the future and compromises the District’s ability to maintain confidentiality in sensitive matters,” the resolution said.
The bylaw lays out the code of ethics board members agree to. It applies to knowledge, “including but not limited to confidential or privileged information.”
The lawsuit says both that’s too broad and that districts don’t have the power to make millage information confidential.
Wilcox said he’s worried about what precedent the Rochester Community Schools’ policy could set if upheld in court.
““There's a chance that other public government entities will do the same thing and say, if you speak openly and honestly with your constituents about something that the majority doesn't support, we're going to censure you. The whole point of the censure was to intimidate her to keep people from doing this in the future,” he said.
This isn’t the first time Litkouhi has sued the district. In 2024, the Michigan Court of Appeals upheld the dismissal of a previous lawsuit seeking information related to a gender studies elective course.
The school district Tuesday afternoon acknowledged the lawsuit but said it was premature to weigh in.
“Rochester Community Schools will continue to move forward with great purpose and resolve to provide the highest quality education possible in a caring atmosphere so students can attain the necessary skills and knowledge to become lifelong learners and contribute to a diverse, interdependent and changing world,” district spokesperson Lori Grein said.
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