CHAPTER 290 APPEAL FROM DECISIONS OF BOARDS OF DIRECTORS
290.1 APPEAL TO STATE BOARD.
290.2 NOTICE -- TRANSCRIPT -- HEARING.
290.3 HEARING -- SHORTHAND REPORTER -- DECISION.
290.4 WITNESSES -- FEES -- COLLECTION.
290.5 DECISION OF STATE BOARD -- RULES FOR APPEALS.
290.6 MONEY JUDGMENT.



        

290.1 APPEAL TO STATE BOARD. An affected pupil, or the parent or guardian of an affected pupil who is a minor, who is aggrieved by a decision or order of the board of directors of a school corporation in a matter of law or fact, or a decision or order of a board of directors under section 282.18, subsection 5, may, within thirty days after the rendition of the decision or the making of the order, appeal the decision or order to the state board of education; the basis of the proceedings shall be an affidavit filed with the state board by the party aggrieved within the time for taking the appeal, which affidavit shall set forth any error complained of in a plain and concise manner.

         Section History: Early Form

         [R60, § 2133--2135; C73, § 1829--1831; C97, § 2818; C24, 27, 31,
      35, 39, § 4298; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 290.1] 

         Section History: Recent Form

         87 Acts, ch 224, §64; 88 Acts, ch 1263, §12; 89 Acts, ch 12, §4;
      2002 Acts, ch 1140, §29
         Referred to in § 282.18
        

290.2 NOTICE -- TRANSCRIPT -- HEARING. The state board of education shall, within five days after the filing of such affidavit, notify the secretary of the proper school corporation in writing of the taking of such appeal, who shall, within ten days after being thus notified, file with the state board a complete certified transcript of the record and proceedings relating to the decision appealed from. Thereupon, the state board shall notify in writing all persons adversely interested of the time when and place where the matter of appeal will be heard.

         Section History: Early Form

         [R60, § 2136, 2137; C73, § 1832--1834; C97, § 2819; C24, 27, 31,
      35, 39, § 4299; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 290.2]
        

290.3 HEARING -- SHORTHAND REPORTER -- DECISION. At the time fixed for the hearing, it shall hear testimony for either party, and may cause the same to be taken down and transcribed by a shorthand reporter, whose fees shall be fixed by the state board and be taxed as a part of the costs in the case, and it shall make such decision as may be just and equitable, which shall be final unless appealed from as hereinafter provided.

         Section History: Early Form

         [C97, § 2819; C24, 27, 31, 35, 39, § 4300; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 290.3]
        

290.4 WITNESSES -- FEES -- COLLECTION. The state board of education in all matters triable before it shall have power to issue subpoenas for witnesses, which may be served by any peace officer, compel the attendance of those thus served, and the giving of evidence by them, in the same manner and to the same extent as the district court may do, and such witnesses and officers may be allowed the same compensation as is paid for like attendance or service in such court, which shall be paid out of the general fund of the proper school corporation, upon the certificate of the state board to and warrant of the secretary upon the treasurer; but if the board is of the opinion that the proceedings were instituted without reasonable cause therefor, or if, in case of an appeal, it shall not be sustained, it shall enter such findings in the record, and tax all costs to the party responsible therefor. A transcript thereof shall be filed in the office of the clerk of the district court and a judgment entered thereon by the clerk, which shall be collected as other judgments.

         Section History: Early Form

         [C97, § 2821; C24, 27, 31, 35, 39, § 4301; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 290.4]
         Referred to in § 602.8102(49)
         Contempts, chapter 665
         Fees for serving subpoenas, § 331.655(1c)
         Witness fees and mileage; § 622.69--622.75
        

290.5 DECISION OF STATE BOARD -- RULES FOR APPEALS. The decision of the state board shall be final. The state board may adopt rules of procedure for hearing appeals which shall include the power to delegate the actual hearing of the appeal to the director of the department of education or the director's designee, and members of the director's staff designated by the director. The record of appeal so heard shall be available to the state board and the decision recommended by the director of the department of education or the designated administrative law judge shall be approved by the state board in the manner provided in section 256.7, subsection 6.

         Section History: Early Form

         [R60, § 2139; C73, § 1835; C97, § 2820; C24, 27, 31, 35, 39, §
      4302; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 290.5]
      

         Section History: Recent Form

         85 Acts, ch 212, §21--23; 89 Acts, ch 210, §12
        

290.6 MONEY JUDGMENT. Nothing in this chapter shall be so construed as to authorize the state board of education to render judgment for money; neither shall they be allowed any other compensation than is now allowed by law. All necessary postage must first be paid by the party aggrieved.

         Section History: Early Form

         [R60, § 2140; C73, § 1836; C97, § 2820; C24, 27, 31, 35, 39, §
      4303; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 290.6]

Previous Chapter
289      Next Chapter 291

Return To Home