Board of Education v. Board of Education

95 N.W.2d 709, 250 Iowa 672, 1959 Iowa Sup. LEXIS 495
CourtSupreme Court of Iowa
DecidedApril 8, 1959
DocketNo. 49690
StatusPublished
Cited by14 cases

This text of 95 N.W.2d 709 (Board of Education v. Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. Board of Education, 95 N.W.2d 709, 250 Iowa 672, 1959 Iowa Sup. LEXIS 495 (iowa 1959).

Opinion

Garrett, J.

The Community School District of Iowa Falls, in Hardin County, includes the city of around 5000 population and all of Hardin Township except two' small tracts. In 1954 the Franklin County Board of Education filed with the state superintendent of public instruction a “county plan” which included all of the county in some high school district. The plan as amended designated seven and one-half sections in the west half of Lee Township to go to' the Iowa Falls public schools and included therein all of what we shall hereinafter refer to as the disputed area except three fourths of one section. The disputed area involved in this appeal is in the west half of Lee Township and joins the east half of the township from its north-to-south line but has an irregular boundary on the west.

A meeting of the Hardin and Franklin County Boards of Education on December 4, 1957, resulted in a joint plan for the proposed enlarged Community School District of Iowa Falls which excluded all of the disputed area. It was filed with the state superintendent. The Franklin County plan was then amended to conform.

On December 23, 1957, a petition signed by 848 persons was filed with the county superintendent of schools of Hardin County proposing to extend the boundaries of the district in several directions enlarging it to include approximately 108 sections of land, a substantial part of the area being in Franklin County.

Hearing was held at Eldora. by the two¡ county boards on January 9, 1958, and the decision and order of the joint boards accepted part and excluded part of the area proposed by the petition to be included in the reorganized and enlarged Community School District of Iowa Falls. The joint boards accepted only the east half of the township and excluded an area embracing seven and one-half sections now known as the disputed area.

The Community School District of Iowa Falls, Lee Township School District and the Hardin County Board of Education [674]*674filed separate appeals from this decision, and order to the State Department of .Public Instruction. A hearing was held on February 5, 1958, by four members of the State Department of Public Instruction, namely J. C. Wright, state superintendent, Paul Johnston, assistant superintendent, N. E. Hyiand, attorney for the department, and Ivan Siebert, director of administration and finance. A decision was rendered February 14, 1958, and approved by the state board on the same day, modifying the decision and order of the joint boards and including within the proposed enlarged Community School District of Iowa Falls all of the disputed area in Lee Township. From the decision of the state board the Franklin County Board of Education appealed to the district court of that county and the court affirmed the ruling and decision of the state board.

Appellant challenges the findings, conclusions and decree of the trial court in five separate divisions: that the state board of public instruction exceeded its authority; that the decision of the state superintendent was wrong as a matter of fact and should have been reversed; that the acts of the joint boards of Franklin and Hardin Counties in setting the lines were discretionary acts and in the absence of illegality, fraud or abuse of discretion could not be interfered with by the state department; that the joint boards acted in good faith and should not have been arbitrarily reversed; and that it was the legislative intent that the fixing of boundaries in situations such as this be done by the action of the joint boards.

I. Appellant states the first error it relies upon for reversal as follows: “The decision of the State Department of Public Instruction was illegal and should have been reversed or set aside because the statutory authority granted to the State Department of Public Instruction or the State Superintendent was exceeded.” In argument it says, “The 57th General Assembly amended chapter 275 and the question presented in this division is whether or not under the chapter1 as amended an Independent School District has a right to appeal to the State Superintendent when there is no controversy between the county boards, and when the county boards have agreed on the line, and where no appeal has been taken by either county board on the line in question, to the State Department of Public Instruction.”

[675]*675It is our opinion the state department did not exceed its authority under the law and that the appellees had legal right to appeal to the state department even though there was no dispute between the county boards and no appeal taken by either county board to the state department.

Section 275.8, Code of 1954, is as follows: “Co-operation of state department. The state department of public instruction shall co-operate with the several county boards of education in making the studies and surveys required hereunder. In the case of controversy over the planning of joint districts, the matter shall be submitted to the state board of public instruction and its decision may be appealed to a court of record in one of the counties involved, by an aggrieved party to the controversy, within thirty days after the decision of the state board of public instruction. Joint districts shall mean districts that lie in two or more adjacent counties.”

The Fifty-seventh General Assembly, by an Act which became effective on May 2,1957, amended this section by adding thereto the following: “An aggrieved party is hereby defined as the board of directors of a school district whose directors are elected at large, or, if said board is elected from director districts, then that membership of the board of directors whose districts are included in the proposed reorganized area, or a county board of education. * * Chapter 129, section 11.

The above section and section 275.16, Code of Iowa, 1958, are decisive of this case, the latter section being:

“Hearing when territory in different counties. If the territory described in the petition for the proposed corporation lies in more than one county, the county superintendent with whom the petition is filed shall fix the time and place and ■call a joint meeting of the members of all the county boards of education of the counties in which any territory of the proposed school corporation lies, to act as a single board for the hearing of the said objections, and a majority of all members of the county boards of education of the different counties in which any part of the proposed corporation lies, shall constitute a quorum. The joint boards acting as a single board shall determine whether the petition conforms to county plans or, if the petition requests a change in county plans, whether such change should [676]*676be made, and shall have the authority to change the plans of any or all the county boards affected by the petition, and it shall determine and fix boundaries for the proposed corporation as provided in section 275.15 or dismiss the petition. * * *
“In case a controversy arises from such meeting, the county board or boards or any school district aggrieved may bring the controversy to the state department of public instruction, as provided in section 275.8, * * *. The state department shall have the authority to- affirm the action of the joint boards, to vacate, to dismiss all proceedings or to make such modification of the action of the joint boards as in their judgment would serve the best interest of all the counties.

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Bluebook (online)
95 N.W.2d 709, 250 Iowa 672, 1959 Iowa Sup. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-board-of-education-iowa-1959.