26FC:0221 Gregory Armstrong v. Hamburg Community School District - Investigative Report and Probable Cause Order

The Iowa Public Information Board

COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report: 

On December 22, 2025, Gregory Armstrong (“Complainant”) filed formal complaint 25FC:0221, alleging the Hamburg Community School District (“Respondent”) violated Iowa Code Chapter 22.

The Iowa Public Information Board accepted this complaint at its meeting on January 15, 2026

Facts

In the initial complaint to IPIB, Complainant alleged Respondent violated Iowa Code Chapter 22 by disclosing information about his family’s plans to move out of district to a third party outside the school. Because Chapter 22 doesn’t provide a remedy for FERPA violations or improper disclosures of student records, IPIB staff reached out requesting additional information, including what records were requested from Respondent and their response. Complainant responded with screenshots showing partial pieces of communications between the superintendent and himself where he accused Respondent of unlawfully disclosing information about his children. He also included part of a message from himself to the superintendent stating, “[t]here is a 14 day window for the public information request. That request also includes the school board members and the charter board members.” The rest of the message is not visible. A later message from an unknown individual states “I have responded, multiple times, letting you know that I have no information regarding the request. If you continue to ask, I will report this as harassment. Remove me from further correspondence.” The screenshot doesn’t show who this second communication is from or whether the individual worked for the Respondent, nor did Complainant provide that information. IPIB staff followed up again on January 6, 2026 asking for clarifying information because we couldn’t determine who was communicating with Mr. Armstrong or what records he believed to be withheld in violation of Chapter 22. Complainant then responded, again that he believed Respondent to be “ignoring public information” and that he believes they are responsible for releasing his children’s private information. He then stated he would be filing in district court. Further attempts to follow up with Complainant on February 3rd and 9th went unanswered. As best as IPIB staff could determine, the crux of the complaint was that Complainant believed Respondent unlawfully disclosed student information. IPIB staff submitted an investigative report recommending dismissal for failure to show probable cause of a violation for the March meeting of the Iowa Public Information Board. However, in the days leading up to the meeting, the Complainant provided additional information and asked IPIB to verify whether non-confidential public records were withheld by the Respondent in response to a public records request. IPIB staff withdrew their recommendation to continue the investigation.

IPIB worked with the Respondent to review copies of all possible responsive records, including two communications by a board member that were withheld from production because they related to her private work responsibilities and did not relate to school district business or her role or responsibilities as a board member. Upon reviewing the withheld records, IPIB staff confirmed that the withheld correspondence was correctly identified as not a public record. The communications withheld involved a board member acting in their capacity as a private citizen and had nothing to do with any information received or shared in the course of her duties as a school board member nor was it related to school district business. 

Applicable Law

“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46.” Iowa Code 22.2(1).

"Public records" includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D, or tax-supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing. Iowa Code 22.1(1)(3)(a).

Analysis

Chapter 22 requires public entities to produce public records. A public record are only those records that are of or belonging to the school district. A determination of whether the communication is a “public record” “does not turn on the physical location of the documents in question, rather, the appropriate inquiry is whether the documents are held by the [] officials in their official capacity.” City of Dubuque v. Dubuque Racing Ass'n, Ltd., 420 N.W.2d 450, 453 (Iowa 1988). In the present matter, all responsive public records were provided to the Complainant. Two communications of a board member were reviewed by the Respondent and determined to be unrelated to the individual’s role as a school board member and therefore the record was deemed a private record for purposes of Chapter 22. IPIB staff’s review of the communications confirmed the initial assessment of the Respondent. The two communications withheld did not involve any information the individual received in the course of her duties on the school board, nor was she corresponding on behalf of or related to any school district business. Communications made by an official unrelated to their office or their duties therein are not records “of or belonging to the school district.” 

The responsive public records were provided to Complainant. Any communications withheld are not public records subject to production under Chapter 22. Staff’s recommendation is therefore that there is insufficient evidence to find a violation of Chapter 22. 

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

Because Respondent provided all responsive public records, it is recommended the Board dismiss the matter for lack of probable cause to believe a violation has occurred.

By the IPIB Deputy Director,

_________________________

Charissa Flege, J.D.

CERTIFICATE OF MAILING

This document was sent on August 13, 2026, to:

Gregory Armstrong, Complainant

Hamburg Community School District, Respondent