25FC:0074 Noelle Boulibaugh v. Oskaloosa Community School District - Investigative Report and Probable Cause Order

The Iowa Public Information Board

COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (“IPIB”), and enters this Investigative Report:

On June 16, 2025, Noelle Bolibaugh (“Complainant”) filed formal complaint 25FC:0074, alleging Oskaloosa Community School District (“District”) violated Iowa Code chapter 22.

The IPIB accepted this Complaint on June 16, 2025

Facts

On June 10, 2025, Complainant sent an email to Mike Fisher, the Superintendent of District, requesting a copy of the records released in response to a public records request from journalist obtaining a personal letter submitted by Complainant referencing Complainant’s child that were released.

On June 12, 2025, Complainant sent another email to the Justin Devore, the Director of Marketing, Communications, and Development, asking for a list of all documents released under the public records request.

On June 13, 2025, Devore responded to Complainant indicating a summary list of all documents produced does not exist and notified the complainant that to produce the documents pursuant to her request, the cost would be $102.50.

On July 2, 2025, District acknowledged that confidential information was improperly released.

On July 11, 2025, IPIB recommend release of all records produced in response to the public record request that result in the improper release of the complainant’s information and records.

On July 31, District sent a letter to Complainant which addressed Complainant’s request for the records produced to the Oskaloosa Herald and reinstating the actual cost of production of records and referencing Devore’s June 13, 2025 email to Complainant stating “It is my understanding that you never responded to that email indicating your desire to move forward with your request. Please contact Mr. Devore if you wish to proceed.”

On August 15, 2025, District provided that District is ready and willing to comply with Complainant’s request if she contacts District “proceed to provide her with the records that she has requested and is entitled to under the law, and provides District with the payment of the actual and reasonable costs of complying with the request in the amount of $102.50.”

On August 19, 2025, Complainant contends that the production of records is not a public records request but are a duty of correction and accountability therefore not subject to Iowa Code Chapter 22. Complainant was informed by IPIB that a governmental body is allowed to charge for the production of a public record.

Upon request from IPIB, District provided an itemization of the record request production fees on December 12, 2025 to Complainant. On December 15, 2025, Complainant refused to pay the fees for the production of the records.

Applicable Law

Iowa Code § 22.3 is clear governmental bodies can charge reasonable fees for the production of public records. Iowa Code § 22.3(1) states as follows: "Although fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of reasonable expenses, the lawful custodian shall make every reasonable effort to provide the public record requested at no cost other than copying costs for a record which takes less than thirty minutes to produce. In the event expenses are necessary, such expenses shall be reasonable and communicated to the requester upon receipt of the request."

Iowa Code § 22.3(2) goes on to define reasonable fees and states, "The fee for the copying service as determined by the lawful custodian shall not exceed the actual cost of providing the service. Actual costs shall include only those reasonable expenses directly attributable to supervising the examination of and making and providing copies of public records. Actual costs shall not include charges for ordinary expenses or costs such as employment benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian. Costs for legal services should only be utilized for the redaction or review of legally protected confidential information."

Analysis

Complainant alleges the fees charged in this case are improper. Complainant received an estimate of fees on June 13, 2025. The estimate was based on the staff time to gather and prepare the records. District provided this took staff 3.5 hours of labor at a cost of $30.00 per hour. The total estimate being $105.00. When Complaint requested the public records, fees totaling $102.50 were assessed. The District provided the following itemization:

The costs associated with fulfilling this request relate to staff time for gathering and preparing the records. Specifically, the Communications Director and the Technology Director spent a combined 3.5 hours on this request. In accordance with Iowa Code Chapter 22 and district procedure, staff time is charged at $30.00 per hour. As a result, the cost estimate is $105.00.

Complainant’s request arises from the unlawful release of involved documents containing student information, which is considered confidential information under Iowa Codes Section 22.7, subsection 1, resulting in likely need for additional care and supervision of “the examination of and making and providing copies of public record.” Iowa Code Section 22.3(2). District communicated costs to Complainant in an itemization of the proposed fee. The itemization provided was higher than the actual costs assessed. Expenses related to the cost of production were actual costs directly attributable to the work done by District staff.

Based on the request and the breakdown from District, the fees requested for the retrieval of the records does not appear to be unreasonable. Complainant can pay the estimate and receive the records.

IPIB Action

The Board may take the following actions upon receipt of a probable cause report:

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

The records request sought records containing confidential student information. District charged hourly rates of $30 which appears to be reasonable rate for a Communication Director and a Technology Director. District was within its rights to seek prepayment of the costs prior to releasing the records even if the costs may hamper some access. Based on this, it is recommended IPIB dismiss the matter for lack of probable cause to believe a violation has occurred.

By the IPIB Executive Director,

_________________________
Charlotte J.M. Miller, J.D.

CERTIFICATE OF MAILING

This document was sent on January 9, 2026, to:

Noelle Bolibaugh, Complainant

Oskaloosa Community School District, Respondent

The Iowa Public Information Board

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action:

☐a. Redirect the matter for further investigation;

☒b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

☐c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

☐d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Catherine Lucas

CERTIFICATE OF MAILING

This document was sent on January 20, 2026, to:

Noelle Boulibaugh, Complainant

Oskaloosa Community School District, Respondent