Date:
05/19/2022
Subject:
Jacob Hall/Linn-Mar School District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jacob Hall, Complainant And Concerning: Linn-Mar School District, Respondent |
Case Number: 22FC:0024
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.
Jacob Hall filed formal complaint 22FC:0024 on March 27, 2022, alleging that the Linn-Mar School District (District) violated Iowa Code chapter 22.
Mr. Hall alleged that he filed a public records request on November 19, 2021, requesting “an opportunity to inspect or obtain copies of public records involve [sic] ‘trans week’ communications from the Linn-Mar School district. This request includes any and all communications from administration and staff involving ‘trans week’.”
On December 3, 2021, the District responded to the request, indicating there would be an expense of $504.00 for the records. This included both the time necessary to retrieve the records and fees paid to legal counsel to review and redact confidential information.
Mr. Hall asked for additional information concerning the fee estimate on December 3, 7, and 9, 2021. On December 10, 2021, the District stated that the quoted cost was for a search of all communications, per employee. If all District employees' communications were searched (over 1200 employees) and reviewed, the total cost would be $604,000.00.
On December 10, 2021, Mr. Hall and the District engaged in a number of emails to determine if the search could be limited in order to reduce the cost and number of records.
In an email dated December 14, 2021, Mr. Hall told the District he wanted “any and all communications involving ‘trans week’” and named three individuals, plus all District school board members for the time period of one month before ‘trans week’ to December 14, 2021. The fee for the revised search was quoted at $637.00.
On December 16, 2021, two additional names were added to the search of communications, with a new fee estimate of $652.00. On January 5, 2022, the District advised that the records were being reviewed by legal counsel for any necessary redactions.
The records were released to Mr. Hall on January 12, 2022, upon his payment of $652.00. There were 57 pages of records released.
On January 19, 2022, Mr. Hall questioned the small number of released records, alleging that some records may have been withheld. He stated that he had received copies of communications sent to him by parents and community members that were not included in the record release. He also questioned the costs involved and asked if text messages were included. He also had questions about redactions.
The District responded to his questions on January 19, 2022. Another search for text messages was requested by the District on January 28, 2022, and on February 4, 2022, one text message was released.
Mr. Hall alleged that public records laws were violated by the District because of other communications he knew about and because the fees charged exceeded the amount allowed by Chapter 22.
Legal counsel for the District responded to this complaint on April 8, 2022. The response included exhibits totaling 98 pages. In summary, the District requested that the IPIB find that the complaint concerning the records released was legally insufficient and that the fee complaint was not filed in a timely manner.
Counsel provide dated copies of the email communications between Mr. Hall and District staff. From a review of the communications, it can be determined that the modified record request was for communications to, from, or between certain named individuals, during a specific period of time, and incorporating the term ‘trans week’ or ‘transweek’.
Iowa Code section 22.7(1) requires certain student records to be kept 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) requires an educational institution to redact certain information from student records that either name or identify students. FERPA is a federal law designed to protect the privacy of students and parents with respect to educational records.1
The redacted records were provided to the IPIB by both parties. The redactions are limited and appear appropriate under both state and federal laws.2
Legal counsel stated that any complaint concerning the fees totaling $652.00 would be beyond the jurisdiction of the IPIB. Iowa Code section 23.7(1) limits the jurisdiction of the IPIB to “sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence.”
Counsel argued that the fee estimate was first provided on December 3, 2021, and finalized on January 12, 2022, more than 60 days prior to the filing of this complaint on March 27, 2022.
Even if the fee portion of this complaint had been timely filed, there is insufficient evidence to establish a violation of Iowa Code 22.3. As noted in a prior formal complaint to the IPIB:
Iowa Code section 22.3 allows a government body to charge a fee for the release of records, based upon actual costs. Actual costs are defined to include “only those expenses directly attributable to supervising the examination of and making and providing of copies of public records.” (Iowa Code section 22.3(2)) There is no evidence that the (school district) added any costs other than the direct expenses incurred for legal review.
Although Mr. Hall may be correct in questioning whether allowing a lawful custodian to charge fees such as this makes such public record requests cost prohibitive, the statute does not impose any statutory dollar amount limit on fees. The (school district) could agree to charge less, but it is not a violation of Iowa law to request repayment of actual costs.3
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0024 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 19, 2022. 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
1. The full text of FERPA is found at 34 CFR 99, 20 U.S.C. 1232g.
2. In an email dated April 8, 2022, Mr. Hall stated that the District did not include records that included the term “transgender week.” Mr. Hall would need to submit a new record request if he wants to modify, change, or add to the search terms.
3. Formal Complaint 19FC:0140, Hall/Cedar Falls School District, dismissal order dated January 16, 2020.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2022, to:
Jacob Hall
Kristy Latta, legal counsel for the Linn-Mar School District