Relating to the burden of proof in certain judicial proceedings involving school boards and rules adopted by the department of education

Where it is now

1. ✓
   Done: IntroducedFebruary 19, 2019
2. ✓
   Done: SubcommitteeFebruary 21, 2019
3. ✓
   Done: Senate committeeFebruary 28, 2019
4. ✕
   Stopped: Passes the SenateDied when the General Assembly ended
5. Next: House committee
6. Next: Passes the House
7. Next: To the Governor
8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

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.

Full bill text¹

Senate subcommittee

Named January 14, 2020. It hasn’t reported yet.

• Sen. Mark S. Lofgren REmail
• Sen. J. Smith
• Sen. Annette Sweeney REmail

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

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