Date:
03/19/2020
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: 20FC:0023
Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 26, 2020, Alex Yakobson filed formal complaint 20FC:0023 alleging that the Ames Community School District (District) violated Iowa Code chapter 22.
Mr. Yakobson alleged that the District failed to provide a copy of a public record he requested by email on December 12, 2019. His email requested
“a copy of the following records pursuant to Iowa Code Chapter 22, the public records law. I asking electric record of District policy (1) How many days student could absent before District take action to help student (2) What action and help District will offer to student, if student past this number of absent days.”
Legal counsel for the District contacted the IPIB on March 7, 2020, requesting assistance to determine what record was requested. All District policies are available online. Mr. Yakobson, as a parent, has online access to his child’s attendance records as well.
As a courtesy, the District provided a link to the District attendance policy to Mr. Yakobson in a subsequent email dated March 14, 2020. Mr. Yakobson informed the IPIB that he has the attendance policy he requested.
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. The record has always been accessible online. Mr. Yakobson now has a link to the record for online access.
IT IS SO ORDERED: Formal complaint 20FC:0023 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 March 19, 2020. 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2020, to:
Alex Yakobson
Katherine Beenken, legal counsel for the Ames Community School District