The Iowa Administrative Code 3.5(5) says this agency may refuse to issue a declaratory order when "...(t)he questions presented by the petition would more properly be resolved in a different type of proceeding or by another body with jurisdiction over the matter."

This petition is denied because the procedures for an appeal brought under Iowa Code 290 would more appropriately address the application of this policy in a factual context

If students are penalized under this policy, and the parents are dissatisfied with the local board decision, an appeal can be filed to the State Board of Education as laid out in Iowa Code 290.