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.
[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]
87 Acts, ch 224, §64; 88 Acts, ch 1263, §12; 89 Acts, ch 12, §4; 2002 Acts, ch 1140, §29; 2022
Acts, ch 1153, §39, 41; 2024 Acts, ch 1152, §29, 30
Referred to in §282.18
2024 amendment applies to applications and notifications related to open enrollment submitted under section 282.18 on or after July 1,
2024; 2024 Acts, ch 1152, §30
\n
Notes of Decisions
Eugene Nelson v. Charles City Cmty. Sch., 900 F.3d 587 (8th Cir. 2018).
· cites it 2× “The Nelsons then appealed to the Iowa State Board of Education under Iowa Code § 290.1 . The State Board ruled in favor of the Nelsons in February 2015 in the open enrollment proceedings: [Mrs.”
Wallace v. Des Moines Indep. Cmty. Sch. Dist. Bd. of Directors, 754 N.W.2d 854 (Iowa 2008).
· cites it 2× “On the day they filed their petition for cer-tiorari, the taxpayers also filed an appeal to the Iowa Department of Education pursuant to Iowa Code section 290.1. The Department ruled in favor of the Board in May 2006.”
Moravek v. Davenport Cmty. Sch. Dist., 262 N.W.2d 797 (Iowa 1978).
· cites it 6× “In its memorandum in support of its motion to dismiss the District contended, as it does on appeal, Moravek did not exhaust his administrative remedies under section 290.1, The Code, 1975, because he failed to appeal the termination decision to the State Board of Public…”
Lakota Consol. Indep. Sch. v. Buffalo Ctr./Rake Cmty. Schs., 334 N.W.2d 704 (Iowa 1983).
· cites it 4× “In support of this contention, it relies on Iowa Code section 290.1 (1981) which provides: Any person aggrieved by any decision or order of the board of directors of any school corporation in a matter of law or fact may, within thirty days after the rendition of such decision or…”
Bishop v. Iowa State Bd. of Pub. Instruction, 395 N.W.2d 888 (Iowa 1986).
· cites it 4× “Iowa Code § 290.1 . The school board by specific resolution on April 9 affirmed its approval of payment of Burmeister's legal expenses.”
Gabrilson v. Flynn, 554 N.W.2d 267 (Iowa 1996).
· cites it 2× “It is a general principle of law that the courts will give broad deference to discretionary decisions of school boards and that persons aggrieved by decisions of a board must normally appeal to the state board of education for relief.”
McFarland v. Bd. of Educ., 277 N.W.2d 901 (Iowa 1979).
· cites it 2× “We agree that a teacher in McFarland’s situation could avail himself of the provisions of appeal to the state board of public instruction under section 290.1, The Code. However, we do not believe that under these circumstances those appeal provisions are exclusive.”
Griffith v. Red Oak Cmty. Sch. Dist., 167 N.W.2d 166 (Iowa 1969).
· cites it 4× “Defendant’s motion is based on the contention plaintiff’s remedy is under section 290.1 which provides: “Appeal to county superintendent.”
Buchholtz v. Iowa Dep't of Pub. Instruction, 315 N.W.2d 789 (Iowa 1982).
“§ 290.1. The state board may delegate the hearing of the appeal to the state superintendent and two state department staff members designated by him.”
Bd. of Directors of Indep. Sch. Dist. v. Green, 147 N.W.2d 854 (Iowa 1967).
“Another preliminary matter to be resolved is the claim of defendant board-to the effect plaintiff is by law confined to an appeal to the county superintendent and then to the State Board of Public Instruction.”
Porter v. Iowa State Bd. of Pub. Instruction, 144 N.W.2d 920 (Iowa 1966).
· cites it 2× “An appeal to review the school board’s action was then taken to the county superintendent by several individuals living in the district under the provisions of Code section 290.1. Their appeal was accomplished only after obtaining a writ of mandamus in the district court…”
Hargis v. Fleck, 157 N.W.2d 103 (Iowa 1968).
· cites it 2× “We may observe, however, Code section 290.1 provides: “Any person aggrieved by any decision or order of the board of directors of any school corporation in a matter of law or fact may, within thirty days after the rendition of such decision or the making of such order, appeal…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.