Administrative Appeal Procedures

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Appeals to the State Board of Education
Appeals to the Director of the Department of Education

An administrative law judge (ALJ) from the Department of Inspections and Appeals presides over most appeals. The ALJ is prohibited by law from having “ex parte” (communications with one party without the other party present). Below is general guidance and resources regarding appeals. As always, be sure to consult your legal counsel for advice.

Iowa Administrative Code 281-6 Appeal Procedures

Appeals to the State Board of Education

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

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.

The appeal procedures in Iowa Code 290 to the State Board of Education are not available for AEA board hearing decision on the reorganization petition under section 275.15, the hearing decision of a joint AEA board under section 275.16, and the AEA survey and reorganization plans under section 275.4 (Iowa Code § 275.15). See the Reorganization, Dissolution and Sharing Guide.

Timeline for State Board of Education Appeals

Action	Timeline
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 280.13 and Iowa Administrative Code 281-36.17, transportation appeals under Iowa Code 285.12, appeals regarding disagreements between boards under Iowa Code 285.13, Child and Adult Care Food Program (CACFP), and Summer Food Service Program (SFSP) appeals.

CACFP Appeal Procedures

SFSP Appeal Procedures

The Iowa Administrative Code 281-6 outlines the appeal procedures in director appeals. Director appeals may have varying 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

Action	Timeline
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

Action	Timeline
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 appeal.
Decision	The Director shall notify the parties of the decision in writing.

CACFP Appeals

Action	Timeline
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.

SFSP Appeals

Action	Timeline
Filing Deadline	Within 14 days (calendar) after receipt of the notice of action.
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	A written notice of the date and time of the hearing shall be sent to the parties within 5 days (calendar) of the hearing.
Hearing	The hearing will be held within 14 days (calendar) at the date of the receipt of the request for review.
Decision	Within 5 days (working) after the hearing, the reviewing official shall make a determination and inform the appellant of the determination of the review by certified mail.

If you have questions about appeal procedures, contact your legal counsel. School officials, feel free to provide the information in this article to parents.