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Senate File 298 - IntroducedA Bill ForAn Act 1relating to the burden of proof in certain judicial
2proceedings involving school boards and rules adopted by the
3department of education.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 274.3, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. Notwithstanding section 17A.19,
4subsection 8, paragraph “a”, in any proceeding initiated by the
5board of directors of a school district for judicial review
6of a rule adopted by the department of education pursuant to
7chapter 17A or any proceeding for enforcement of such a rule
8against the board of directors of a school district initiated
9by the department, the burden of proof shall be on the
10department to establish that the rule is explicitly authorized
11by the laws of the general assembly. Notwithstanding section
1217A.19, subsection 8, paragraph “a”, if the court determines
13that the rule is not explicitly authorized by the laws of
14the general assembly, the burden of proof shall be on the
15department in regard to any of the grounds specified in section
1617A.19, subsection 10, that are alleged by the board in the
17proceeding.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides that in any proceeding initiated by a
22school board for judicial review of a rule adopted by the
23department of education or any proceeding for enforcement of
24such a rule against a school board initiated by the department,
25the burden of proof shall be on the department to establish
26that the rule is explicitly authorized by the laws of the
27general assembly. If the court determines that the rule is
28not explicitly authorized by the laws of the general assembly,
29the bill provides that the burden of proof shall be on the
30department in regard to any of the legal grounds authorized
31by the Iowa administrative procedure Act that are alleged by
32the school board in the proceeding. These provisions apply
33notwithstanding language in the Iowa administrative procedure
34Act that specifies that the burden of proof in such proceedings
35is on a party asserting invalidity of agency action.
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2proceedings involving school boards and rules adopted by the
3department of education.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 274.3, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. Notwithstanding section 17A.19,
4subsection 8, paragraph “a”, in any proceeding initiated by the
5board of directors of a school district for judicial review
6of a rule adopted by the department of education pursuant to
7chapter 17A or any proceeding for enforcement of such a rule
8against the board of directors of a school district initiated
9by the department, the burden of proof shall be on the
10department to establish that the rule is explicitly authorized
11by the laws of the general assembly. Notwithstanding section
1217A.19, subsection 8, paragraph “a”, if the court determines
13that the rule is not explicitly authorized by the laws of
14the general assembly, the burden of proof shall be on the
15department in regard to any of the grounds specified in section
1617A.19, subsection 10, that are alleged by the board in the
17proceeding.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides that in any proceeding initiated by a
22school board for judicial review of a rule adopted by the
23department of education or any proceeding for enforcement of
24such a rule against a school board initiated by the department,
25the burden of proof shall be on the department to establish
26that the rule is explicitly authorized by the laws of the
27general assembly. If the court determines that the rule is
28not explicitly authorized by the laws of the general assembly,
29the bill provides that the burden of proof shall be on the
30department in regard to any of the legal grounds authorized
31by the Iowa administrative procedure Act that are alleged by
32the school board in the proceeding. These provisions apply
33notwithstanding language in the Iowa administrative procedure
34Act that specifies that the burden of proof in such proceedings
35is on a party asserting invalidity of agency action.
-1-je/jh