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Appeals, appeals, and more appeals

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Appeals do not come up that often for school districts or school corporations; however, when they do, many administrators have a lot of questions about the process and procedures that must be followed. As the designated administrative law judge for the Department who presides over most of these appeals, I am prohibited by law from having “ex parte” communications with the parties to discuss these appeals or answer questions. This means I cannot discuss an appeal with only one party without the other parties. You should not be offended when I do not respond to you regarding these appeals because I am prohibited from discussing them. Since I cannot discuss them, here are some general guidance and resources regarding ap-peals for your reference. As always, be sure to consult your legal counsel for advice.

Chapter 6 Appeal Procedures

ex parte communication

Appeals to the State Board of Education

Under Iowa Code section 290.1 an affected pupil, or parent or guardian of an affected pupil who is aggrieved by a decision or order of the board of directors of a school corporation or a decision of a board of directors under Iowa Code section 282.18(5) regarding open enrollment appeals may within 30 days (calendar days) after the decision appeal the decision to the State Board of Education. Iowa Code section 290.1 (2013). The 281--Iowa Administrative Code 6 outlines the appeal procedures in State Board of Education appeals.

The most common appeals are open enrollment appeals that are filed under Iowa Code section 282.18(5). However, an aggrieved party may file an appeal on almost any other decision of the board of directors. An appeal decision by the State Board of Education is final agency action and shall be subject to judicial review in district court in accordance with the terms of the Iowa Administrative Procedure Act, Chapter 17A.

Timeline for State Board of Education Appeals

Filing Deadline Within 30 days (calendar) from the decision.
Notice of Receipt of Appeal Within 5 days (calendar) after receiving the appeal the State Board of Education shall notify the parties of the taking of the appeal.
Certified Record Due Within 10 days (calendar) from the receipt of notice of the taking of the appeal the secretary of the proper school corporation shall complete a certified transcript of the record.
Written Hearing Notice A written notice of the date and time of the hearing shall be sent to the parties within 10 days (calendar) of the hearing.
Proposed Decision A proposed decision of the Administrative Law Judge shall be mailed to the par-ties and the decision shall be placed on the agenda of the next State Board meeting for review and approval. Any adversely affected party may appeal a proposed decision to the State Board within 20 days (calendar) after the issuance of the proposed decision.
Decision It can take several months to have a final decision from the State Board.

 

Appeals to the Director of the Department of Education

Certain decisions may be appealed to the director of the Iowa Department of Education as outlined in specific state statutes. Those appeals include, but are not limited to, athletic appeals under Iowa Code section 280.13 and 281--Iowa Administrative 36.17, transportation appeals under Iowa Code section 285.12, appeals regarding disagreements between boards under Iowa Code section 285.13, and Child and Adult Care Food Program (CACFP) appeals.

CACFP Appeal Procedures

The 281--Iowa Administrative Code 6 outlines the appeal procedures in director appeals. Director appeals may have vary-ing timelines, so it is important to look at the specific statute or rules to determine what your timelines are. A decision by the Director on appeal (except for Athletic appeals) is final agency action and shall be subject to judicial review in accordance with the terms of the Iowa Administrative Procedure Act, Chapter 17A.

Timelines for Director Appeals

Athletic Appeals

Filing Deadline Within 10 business days after the date of mailing of the decision of the governing organization.
Notice of Receipt of Appeal Within 5 days (calendar) after receiving the appeal the Director shall notify the parties of the taking of the appeal.
Certified Record Due Within 10 days (calendar) from the receipt of notice of the taking of the appeal the secretary of the proper school corporation shall complete a certified transcript of the record.
Written Hearing Notice The Director shall establish a date for hearing within 20 days (calendar) of receipt of written notice of appeal by giving at least 5 business days’ written notice of hearing to the appellant unless another time is mutually agreeable.
Decision The Director shall notify the parties of the decision in writing.

Transportation/Board Disagreements

Filing Deadline Within 5 days (calendar) after receipt of notice of the decision of the agency Board.
Notice of Receipt of Appeal Within 5 days (calendar) after receiving the appeal the Director shall notify the parties of the taking of the appeal.
Certified Record Due Within 10 days (calendar) from the receipt of notice of the taking of the appeal the secretary of the proper school corporation shall complete a certified transcript of the record.
Written Hearing Notice The Director shall hear the appeal within 15 days (calendar) of the filing of the records in the Director’s office notifying all parties of the date and time of the ap-peal.
Decision The Director shall notify the parties of the decision in writing.

CACFP Appeals

Filing Deadline Within 15 days (calendar) after receipt of notice of the decision complained of.
Notice of Receipt of Appeal Within 5 days (calendar) after receiving the appeal the Director shall notify the parties of the taking of the appeal.
Written Hearing Notice The Director shall notify the parties affected by the appeal of the hearing date and location at least 10 days (calendar) prior the hearing.
Decision The Director shall notify the parties of the decision in writing within 60 days (calendar) from the receipt of the appeal.

If you have questions about appeal procedures, contact your legal counsel. You may refer parents to the Department’s Deborah Darge at 515-281-5295 or provide the information in this article to parents.

 

Printed from the Iowa Department of Education website on July 10, 2014 at 5:50am.