279.18 Appeal by teacher to court.
439 words·~2 min read·
/ia/chapter-279-directors-powers-and-duties/279-18·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. If a teacher rejects the board’s decision, the teacher shall, within thirty days of the initial filing of such decision, appeal to the district court of the county in which the administrative office of the school district is located. The notice of appeal shall be immediately mailed by certified mail to the board. The secretary of the board shall transmit to the reviewing court the original or a certified copy of the entire record which may be the subject of the petition. By stipulation of all parties to the review proceedings, the record of such a case may be shortened.
A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost. The court may require or permit subsequent corrections or additions to the shortened record.
2. In proceedings for judicial review of the board’s decision, the court shall not hear any further evidence but shall hear the case upon the certified record. In such judicial review, especially when considering the credibility of witnesses, the court shall give weight to the decision of the board, but shall not be bound by it. The court may affirm the board’s decision or remand to the board for further proceedings upon conditions determined by the court. The court shall reverse, modify, or grant any other appropriate equitable or legal relief from the board decision, including declaratory relief, if substantial rights of the petitioner have been prejudiced because the action is any of the following:
a. In violation of constitutional or statutory provisions.
b. In excess of the statutory authority of the board.
c. In violation of a board rule or policy or contract.
d. Made upon unlawful procedure.
e. Affected by other error of law.
f. Unsupported by a preponderance of the competent evidence in the record made before the board when that record is viewed as a whole.
g. Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
3. An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court by appeal to the supreme court. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved.
4. For purposes of this section, unless the context otherwise requires, “teacher” shall include but not be limited to an instructor employed by a community college.
[C77, 79, 81, §279.18]
2002 Acts, ch 1047, §15; 2017 Acts, ch 2, §34, 48, 49
Referred to in §256.103, 256.160, 260C.39, 273.22, 275.33, 279.13, 279.16, 279.19B, 279.27