Appellant filed an affidavit of appeal with the State Board, however it was unclear what relief was being sought. Appellee filed a motion to dismiss for lack of jurisdiction.
The affidavit of appeal asks the State Board of Education to reconsider the decision of the West Marshall Community School District (CSD) board to maintain the girls' basketball coach. Appellant believes the decision was unjust due to alleged bullying, harassment, and retaliation by the coach. The affidavit does not detail any other decisions made by the local board affecting the student.
ALJ finds the Appellant alleges no "special injury" which will be sustained as a direct result of the local board's decision as required by Iowa Code section 290.1. Additionally, personnel decisions of local boards do not legally aggrieve students, therefore they are not subject to appeal under Iowa Code section 290.1.
ALJ concludes the State Board has no role to play and that the appeal procedures to the State Board set out in Iowa Code section 290.1 are not available to the Appellant. The Appellee's motion to dismiss is granted.