279.18 Appeal by teacher to court.
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 §260C.39, 262.9, 272.15, 273.22, 275.33, 279.13, 279.16, 279.19B, 279.27
For provisions relating to applicability of 2017 amendment to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see
2017 Acts, ch 2, §48, 49
Structure Iowa Code
Title VII - EDUCATION AND CULTURAL AFFAIRS
Chapter 279 - DIRECTORS — POWERS AND DUTIES
Section 279.1 - Organization — student improvement oversight.
Section 279.2 - Special meetings.
Section 279.3 - Appointment of secretary and treasurer.
Section 279.5 - Temporary officers.
Section 279.6 - Vacancies — qualification — tenure.
Section 279.7 - Vacancies filled by special election — qualification — tenure.
Section 279.7A - Interest in public contracts prohibited — exceptions.
Section 279.8 - General rules — bonds of employees.
Section 279.8A - Traffic and parking.
Section 279.8B - Petition — school board meeting agenda — public comment.
Section 279.9 - Use of tobacco, alcoholic beverages, or controlled substances.
Section 279.9A - Student transfers — information sharing.
Section 279.9B - Reports to juvenile authorities.
Section 279.10 - School year — beginning date — exemption.
Section 279.11 - Number of schools — attendance — terms — classroom assignment.
Section 279.12 - Contracts — teachers — insurance — educational leave.
Section 279.14 - Evaluation criteria and procedures.
Section 279.14A - Practitioner performance improvement program.
Section 279.15 - Notice of termination — request for hearing.
Section 279.16 - Private hearing — decision — record.
Section 279.17 - Appeal by teacher to adjudicator.
Section 279.18 - Appeal by teacher to court.
Section 279.19 - Probationary period.
Section 279.19A - Extracurricular contracts.
Section 279.19B - Coaching endorsement and authorization.
Section 279.20 - Superintendent — term — employment of support personnel.
Section 279.22 - Residence of employees.
Section 279.23 - Continuing contract for administrators.
Section 279.23A - Evaluation criteria and procedures.
Section 279.24 - Contract with administrators — automatic continuation or termination.
Section 279.25 - Discharge of administrator.
Section 279.26 - Lease arrangements.
Section 279.27 - Discharge of teacher.
Section 279.28 - Insurance — supplies — textbooks.
Section 279.29 - Claims — investments.
Section 279.30 - Payments — exceptions.
Section 279.31 - Settlement with treasurer.
Section 279.32 - Compensation of officers.
Section 279.33 - Annual settlements.
Section 279.34 - Motor vehicles required to operate on ethanol blended gasoline.
Section 279.35 - Publication of proceedings.
Section 279.36 - Publication procedures and fee.
Section 279.37 - Employment of counsel.
Section 279.38 - Membership in association of school boards — audit.
Section 279.38A - Membership in other organizations— reporting requirements.
Section 279.39 - School buildings.
Section 279.41 - Schoolhouses and sites sold — funds.
Section 279.42 - Gifts to schools.
Section 279.43 - Reporting inappropriate teaching assignments.
Section 279.44 - Energy audits.
Section 279.45 - Administrative expenditures.
Section 279.46 - Retirement incentives — tax.
Section 279.47 - Telecommunications — participation by school districts in database development.
Section 279.48 - Equipment purchase.
Section 279.49 - Child care programs.
Section 279.50 - Human growth and development instruction.
Section 279.50A - Educational standards — agreements for mathematics and science units.
Section 279.51 - Programs for at-risk children.
Section 279.51A - Classroom environment — behavioral challenges — reports of violence or assault.
Section 279.52 - Optional funding of asbestos projects.
Section 279.53 - Loan proceeds.
Section 279.54 - School district income surtax.
Section 279.55 - Teacher exchange program.
Section 279.56 - Board participation.
Section 279.57 - Period of exchange.
Section 279.58 - School dress code policies.
Section 279.59 - Access by associations.
Section 279.60 - Assessments — access to data — reports.
Section 279.61 - Individual career and academic plan — report.
Section 279.62 - Nonprofit school organizations.
Section 279.63 - Financial report.
Section 279.64 - Tax-sharing agreements.
Section 279.66 - Discipline and personal conduct standards.
Section 279.67 - Competitive living wage.
Section 279.68 - Student progression — intensive reading instruction — reporting requirements.
Section 279.69 - School employees — background investigations.
Section 279.71 - Student online personal information protection.
Section 279.72 - Training on dyslexia.
Section 279.73 - Intellectual freedom — protection — complaints.
Section 279.74 - Training and curriculum prohibited — specific defined concepts.