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.
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 (616.01 KB) .pdf .
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.
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.
