Date:
06/20/2019
Subject:
Alex Yakobson/Ames Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Alex Yakobson, Complainant And Concerning: Ames Community School District, Respondent |
Case Number: 19FC:0044 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Alex Yakobson filed formal complaint 19FC:0044 on April 20, 2019. He alleged that the Ames Community School District (District) violated Iowa Code chapter 22 by failing to release records he requested on April 19, 2019.
He requested the February 20, 2019, video of students on a school bus. He believed that his son was in that video. The District responded that the video was confidential as a student record pursuant to Iowa Code section 22.7(1). The District also said that because his son is not pictured on the video, Mr. Yakobson would not have the ability to view the recording as a parent of a child depicted on the video.
Iowa Code section 22.7 provides for the withholding of certain government records as confidential. Iowa Code section 22.7(1) states that certain student records are confidential:
1. Personal information in records regarding a student, prospective student, or former student maintained, created, collected or assembled by or for a school corporation or educational institution maintaining such records. This subsection shall not be construed to prohibit a postsecondary education institution from disclosing to a parent or guardian information regarding a violation of a federal, state, or local law, or institutional rule or policy governing the use or possession of alcohol or a controlled substance if the child is under the age of twenty-one years and the institution determines that the student committed a disciplinary violation with respect to the use or possession of alcohol or a controlled substance regardless of whether that information is contained in the student’s education records. This subsection shall not be construed to prohibit a school corporation or educational institution from transferring student records electronically to the department of education, an accredited nonpublic school, an attendance center, a school district, or an accredited postsecondary institution in accordance with section 256.9, subsection 48.
In addition, the Family Educational Rights and Privacy Act (FERPA) is a federal statute that protects the privacy of education student records (see 20 U.S.C. § 1232g; 34 CFR Part 99). Both laws would restrict access to the record he requests.
The District also claimed that the video is not in the custody of the District, but is maintained by a private company contracted by the District to provide transportation. It is not necessary to determine whether this is a proper reason to withhold a record pursuant to Iowa Code section 22.2(2), as Iowa Code section 22.7(1) and FERPA protections clearly support the District’s decision to withhold the record release.
Mr. Yakobson also included an allegation that he was not provided the information he wanted concerning the name of an architectural company used by the District or how much the company was paid. He did not request public records, but answers to his questions. This is not a violation of Iowa Code chapter 22.
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 19FC:0044 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 June 20, 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 June, 2019, to:
Alex Yakobson
Katherine Beenken, legal counsel
Mr. Yakobson has another formal complaint (18FC:0102) filed with the IPIB. That complaint was accepted due to the District’s requirement that he file all record requests in writing. As part of the informal resolution of that complaint, Mr. Yakobson was allowed to view certain bus videos that were considered to be his child’s educational records. The resolution of that complaint did not determine that the bus videos are considered to be public records.