Advisory Opinion 26AO:0002
DATE: February 19, 2026
SUBJECT: The Grace Period of Iowa Code § 21.12(4)
This advisory opinion offers clarification on the grace period of Iowa Code § 21.12(4), which provides an additional opportunity for those subject to mandatory training under Iowa Code § 21.12(1) to satisfy the requirement if they fail to complete a course of training within the allotted ninety-day window. According to Iowa Code § 21.12(4), a member who fails to complete training “must complete training within sixty days or may be assessed damages as described in section 21.6, subsection 3.” IPIB has received multiple requests asking for interpretation of this “grace period,” including in the context of a formal complaint.
“Any person may request a board advisory opinion construing or applying Iowa Code chapters 21, 22, and 23. An authorized agent may seek an opinion on behalf of any person. The board will not issue an opinion to an unauthorized third party. The board may on its own motion issue opinions without receiving a formal request.” We note at the outset that IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22, and 23, and rules in Iowa Administrative Code chapter 497. Advice in a Board opinion, if followed, constitutes a defense to a subsequent complaint based on the same facts and circumstances.
FACTS PRESENTED:
In 2025, the legislature passed HF 706, “an Act relating to open meetings and open records, providing penalties, and making penalties applicable.” HF 706 introduced a new section, Iowa Code § 21.12, which imposes a “member education course” requirement. Iowa Code § 21.12(1) provides as follows:
A newly elected or appointed public official who is a member of a governmental body shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body and the governmental body’s members under this chapter and chapter 22 not later than the ninetieth day after the date the member does one of the following, as applicable:
Takes the initial oath of office.
Assumes responsibilities, if the member is not required to take an oath of office.
Is elected to the office.
Iowa Code § 21.12(4) describes the consequences if a person subject to this requirement fails to complete an approved course of training within the 90-day window provided by Iowa Code § 21.12(1). Quote:
If one or more members of a governmental body fail to complete the training required by this section, the failure does not affect the validity of an action taken by the governmental body. However, the member must complete training within sixty days or may be assessed damages as described in section 21.6, subsection 3.
IPIB has been asked to provide clarity on how this “grace period” applies in practice.
QUESTION POSED:
How does the grace period of Iowa Code § 21.12(4) apply in practice?
OPINION:
- The 60-Day Grace Period
Although Iowa Code § 21.12(4) does not specify when the “sixty days” to complete training begins, the apparent legislative intent behind the subsection is to prevent the new training requirement from creating an undue burden on governmental bodies, by specifying that a member’s failure to complete by training does not interfere with actions taken by the body and providing a “grace period” for remedy. This is especially important in light of the nuances and gray areas which exist when applying the requirement, if members may reasonably be unaware that they qualify as “newly elected or appointed” or be uncertain of whether they serve on a “governmental body” in the first place. See 25AO:0011, New Training Requirements Under Iowa Code Section 21.12 (interpreting who may qualify as a “newly elected or appointed public official who is a member of a governmental body”).
Because the purpose of the section is to provide an opportunity for remedy to those who fail to attend training within the initial ninety-day window, the sixty-day grace period must be interpreted to begin only after a member has received notice of the need for remedy. Such notice could include, but would not be limited to, a court order or a decision of the Iowa Public Information Board. See Iowa Code § 23.6(10) (granting IPIB the power to “[m]ake training opportunities available to lawful custodians, governmental bodies, and other persons subject to the requirements of chapters 21 and 22 and require, in its discretion, appropriate persons who have responsibilities in relation to chapters 21 and 22 to receive periodic training approved by the board”).
The Effect of the Grace Period
Completing training within the grace period fully cures a violation of Iowa Code § 21.12.
Other violations of Chapter 21 are subject to a list of possible sanctions provided by Iowa Code § 21.6(3), including statutory damages (subsection a), payment of costs and reasonable attorney fees (subsection b), the possible voiding of actions taken in violation of Chapter 21 (subsection c), removal of a member for a second violation (subsection d), and injunction against future violations punishable by civil contempt (subsection e).
Nevertheless, the language chosen by the legislature in enacting Section 21.12 indicates an intent that it be treated as a distinct section in the context of civil enforcement, given the discretionary language used (“may” vs “shall”) and the separate listing of the section in Chapter 23, as amended by the same legislation. See Iowa Code § 23.6(8) (granting IPIB the power to “impos[e] civil penalties equivalent to and to the same extent as those provided for in section 21.6, 21.12, or 22.10, as applicable”); Iowa Code § 23.10(3)(b)(1) (allowing IPIB to require a respondent found in violation of Chapter 21 or 22 “to pay damages as provided for in section 21.6, 21.12, or 22.10, whichever is applicable, to the extent that provision would make such damages payable if the complainant had sought to enforce a violation in court instead of through the board”) (emphasis added).
Given these distinctions, the phrase “or may be assessed damages as described in section 21.6, subsection 3” must be understood as the consequence which “may” be imposed for a failure to take advantage of the grace period, rather than a partial waiver of liability for damages which would leave an underlying violation and the possibility of other sanctions intact.
BY DIRECTION AND VOTE OF THE BOARD:
Joan Corbin
E.J. Giovannetti
Barry Lindahl
Catherine Lucas
Luke Martz
Joel McCrea
Monica McHugh
Jackie Schmillen
SUBMITTED BY:
Alexander Lee
Agency Counsel
Iowa Public Information Board
ISSUED ON:
February 19, 2026
Pursuant to Iowa Administrative Rule 497-1.3(3), a person who has received a board opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion. A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request. The IPIB may take up modification or reconsideration of an advisory opinion on its own motion within 30 days after the issuance of an opinion.
Pursuant to Iowa Administrative Rule 497-1.3(5), a person who has received a board opinion or advice may petition for a declaratory order pursuant to Iowa Code section 17A.9. The IPIB may refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requestor demonstrates a significant change in circumstances from those in the board opinion.