Date:
04/18/2019
Subject:
Iowalive/Iowa Department of Education - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Iowalive, Complainant And Concerning: Iowa Department of Education, Respondent |
Case Number: 19FC:0003 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order
Iowalive filed formal complaint 19FC:0003 on January 8, 2019. They alleged that the Iowa Department of Education (IDE) violated Iowa Code chapter 22 by denying records requested by Iowalive in 2018.
On July 8, 2018, Iowalive filed a request with IDE for National Assessment of Educational Progress (NAEP) records. Iowalive and the IDE exchanged emails through the fall of 2018 in an attempt to determine what records were requested. On December 5, 2018, Iowalive asked for the NAEP records “shown on the following table.”
IDE responded that the NAEP records are records of the federal government and that the IDE only receives aggregate data from the federal government. Therefore, the IDE is unable to provide aggregate data specific to the schools selected for NAEP testing.
IDE was initially uncertain whether the IDE could release records generated by the federal government. Upon further review, legal counsel for the IDE determined that the requested records are required under federal laws to be kept confidential. Violation of the federal laws can result in criminal charges with fines and the possibility of a felony conviction with up to five years in prison (See Exhibit A).
Iowa Code sections 22.7(1) (student records) and 22.7(65) (research material in an unintended use) were also cited by legal counsel as exempting the records from release as confidential records.
IDE also noted that the records released to Iowalive in December 2018 are state aggregate data provided to IDE from the federal programs. These records are also made available by the National Assessment of Education Progress (NAEP) on its website. The only information withheld by the NAEP is the identity of the schools selected in Iowa for research.
In reply, Iowalive disputed the validity of the data provided and the results released (See Exhibit B). That is an issue beyond the scope of the IPIB’s authority to determine.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0003 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 April 18, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2019, to:
Iowalive
Staci Hupp, communications director for the Iowa Department of Education
Kristi Traynor, assistant attorney general