Date:
05/17/2018
Subject:
Ashley Anthony/Mount Vernon Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Ashley Anthony, Complainant And Concerning: Mount Vernon Community School District, Respondent |
Case Number: 18FC:0033
DISMISSAL ORDER
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 24, 2018, Ashley Anthony filed this formal complaint, alleging that the Mount Vernon Community School Board (Board) violated Iowa Code chapter 21. She filed an addendum to her complaint on April 25, 2018.
Ms. Anthony alleged that on March 19, 2018, the Board held a closed session pursuant to Iowa Code section 21.5(1)(a) to “review or discuss records which are required or authorized by state or federal law to be kept confidential….” She alleged that the Board did not comply with the requirements of Iowa Code section 21.5(3): “Final action by any government body on any matter shall be taken in an open session unless some other provision of the Code expressly permits such actions to be taken in closed session.”
Ms. Anthony also questioned whether the agenda for the meeting was sufficient. The agenda item was listed as “CLOSED SESSION - Iowa Code section 21.5(1)(a) To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that governmental body’s possession or continued receipt of federal funds. A. Student Appeal, B. Action on Student Appeal.”
The record of the Board decision from the meeting states: “The Board heard and considered evidence and argument from Mr. Anthony and Superintendent Batenhorst. At the conclusion of the appeal hearing, the Board went into deliberations. At the end of deliberations, the Board made its decision in open session of the Board.” This five-page document continued to list the findings of fact, the conclusions of law, and the decision of the Board.
The Board returned to open session and approved the decision, with the vote of each member noted. The entire document was not read aloud.
According to counsel for the Board, Iowa Code section 21.5(1)(a) was the appropriate section for the closed session, as the discussion concerned student records, which are required to remain confidential under federal law (Family Educational Rights and Privacy Act, or FERPA) and allowed to be considered confidential under Iowa Code section 22.7(1).
The section of the Iowa Code concerning closed session for suspension or expulsion of a student, section 21.5(1)(e), was not cited as the reason for the closed session as the closed session was not to consider a suspension or expulsion. The parent of the student requested the closed session.
There is insufficient evidence to accept this complaint.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0033 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on May 17, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
Dated this _____ day of _______, 2018.
Cc:
Ashley Anthony
Emily Ellingson, counsel for the Mount Vernon Community School District