Senate
File
439
-
Introduced
SENATE
FILE
439
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SF
298)
A
BILL
FOR
An
Act
relating
to
the
burden
of
proof
in
certain
judicial
1
proceedings
involving
school
boards
and
rules
adopted
by
the
2
department
of
education.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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439
Section
1.
Section
274.3,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5.
Notwithstanding
section
17A.19,
3
subsection
8,
paragraph
“a”
,
in
any
proceeding
initiated
by
the
4
board
of
directors
of
a
school
district
for
judicial
review
5
of
a
rule
adopted
by
the
department
of
education
pursuant
6
to
chapter
17A
or
any
proceeding
for
enforcement
of
such
a
7
rule
against
the
board
of
directors
of
a
school
district
8
initiated
by
the
department,
the
burden
of
proof
shall
be
9
on
the
department
to
establish
that
the
rule
is
explicitly
10
authorized
by
the
laws
of
the
general
assembly
or
by
federal
11
law.
Notwithstanding
section
17A.19,
subsection
8,
paragraph
12
“a”
,
if
the
court
determines
that
the
rule
is
not
explicitly
13
authorized
by
the
laws
of
the
general
assembly
or
by
federal
14
law,
the
burden
of
proof
shall
be
on
the
department
in
regard
15
to
any
of
the
grounds
specified
in
section
17A.19,
subsection
16
10,
that
are
alleged
by
the
board
in
the
proceeding.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
provides
that
in
any
proceeding
initiated
by
a
21
school
board
for
judicial
review
of
a
rule
adopted
by
the
22
department
of
education
or
any
proceeding
for
enforcement
of
23
such
a
rule
against
a
school
board
initiated
by
the
department,
24
the
burden
of
proof
shall
be
on
the
department
to
establish
25
that
the
rule
is
explicitly
authorized
by
the
laws
of
the
26
general
assembly
or
by
federal
law.
If
the
court
determines
27
that
the
rule
is
not
explicitly
authorized
by
the
laws
of
the
28
general
assembly
or
by
federal
law,
the
bill
provides
that
the
29
burden
of
proof
shall
be
on
the
department
in
regard
to
any
30
of
the
legal
grounds
authorized
by
the
Iowa
administrative
31
procedure
Act
that
are
alleged
by
the
school
board
in
the
32
proceeding.
These
provisions
apply
notwithstanding
language
33
in
the
Iowa
administrative
procedure
Act
that
specifies
that
34
the
burden
of
proof
in
such
proceedings
is
on
a
party
asserting
35
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439
invalidity
of
agency
action.
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