SF 439 (LSB 2256SV (2) 88)

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 proceedings involving school boards and rules adopted by the department of education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 274.3, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Notwithstanding section 17A.19, subsection 8, paragraph “a”, in any proceeding initiated by the board of directors of a school district for judicial review of a rule adopted by the department of education pursuant to chapter 17A or any proceeding for enforcement of such a rule against the board of directors of a school district initiated by the department, the burden of proof shall be on the department to establish that the rule is explicitly authorized by the laws of the general assembly or by federal law. Notwithstanding section 17A.19, subsection 8, paragraph “a”, if the court determines that the rule is not explicitly authorized by the laws of the general assembly or by federal law, the burden of proof shall be on the department in regard to any of the grounds specified in section 17A.19, subsection 10, that are alleged by the board in the proceeding.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that in any proceeding initiated by a school board for judicial review of a rule adopted by the department of education or any proceeding for enforcement of such a rule against a school board initiated by the department, the burden of proof shall be on the department to establish that the rule is explicitly authorized by the laws of the general assembly or by federal law. If the court determines that the rule is not explicitly authorized by the laws of the general assembly or by federal law, the bill provides that the burden of proof shall be on the department in regard to any of the legal grounds authorized by the Iowa administrative procedure Act that are alleged by the school board in the proceeding. These provisions apply notwithstanding language in the Iowa administrative procedure Act that specifies that the burden of proof in such proceedings is on a party asserting invalidity of agency action.