County Bd. of Ed. in and for Bremer County v. Parker

• Decision Date: 09 January 1951
• Docket Number: No. 47732,47732
• Parties: COUNTY BOARD OF EDUCATION IN AND FOR BREMER COUNTY et al. v. PARKER, State Superintendent of Public Instruction, et al.
• Court: Iowa Supreme Court

Page 567

45 N.W.2d 567

242 Iowa 1

COUNTY BOARD OF EDUCATION IN AND FOR BREMER COUNTY et al. v. PARKER, State Superintendent of Public Instruction, et al.

No. 47732.

Supreme Court of Iowa.

Jan. 9, 1951.

Robert L. Larson, Atty. Gen., Oscar Strauss, Asst. Atty. Gen., for Jessie M. Parker, appellant.

Oliver J. Reeve and Burton E. Sweet, of Waverly, for intervenors-appellants.

Zastrow & Noah, of Charles City, and George Faul, of Des Moines, for appellee.

H. S. Hunn, of Des Moines, for amicus curiae.

WENNERSTRUM, Chief Justice.

The primary question presented in this appeal is whether a school district has the right, under the present statute, to have reviewed in an action in certiorari a claimed illegal and unlawful ruling made by the state superintendent of public instruction relative to the establishment of school bus routes. A secondary question is whether a school district that did not appeal to the County Board of Education of Bremer County when a township school district designated another school district to which it desired to send its pupils and which was not a party in a later appeal before the state superintendent of public instruction may file a joinder, as a party plaintiff, in a certiorari proceedings and, in substance, substitute itself for the original plaintiff. The trial court sustained a motion to quash the writ of certiorari as it applied to the original plaintiff, the County Board of Education of Bremer County, but overruled a motion to strike and dismiss the joinder for writ of certiorari filed by the Independent School District of Denver. The defendants, pursuant to permission granted by this court, have appealed from that portion of the court's decision overruling the motion to strike and dismiss the joinder.

The record discloses that, pursuant to an expression of a majority of the patrons of the Sub-School District No. 6 of Jefferson Township, Bremer County, the school board of that district unanimously passed a resolution which designated the Waverly Public Schools for the attendance of children, both elementary and high school, and for the transportation of children to said school by the Waverly School District. Section 285.10, 1946 Code, I.C.A. Later the Bremer County Board of Education, by official action, disapproved the selection made by that school board. This action was taken on August 10, 1949. Following this decision of the county board of education, the Independent School District of Waverly, Iowa, along with certain patrons of the Independent School Districts No. 2 and 3, LaFayette Township, Bremer County, appealed to the Bremer County Board of Education. Section 285.12, 1946 Code, now Section 285.12, 1950 Code, I.C.A. as substituted by Chapter 116, Section 10, Acts of the 53rd General Assembly. The school boards of the districts No. 2 and No. 3 of LaFayette Township had officially designated the school district of Waverly for the attendance of their pupils. A hearing was had before the county board on August 22, 1949, at which time the Waverly School District and the other interested parties appeared and were represented by counsel. On August 30, 1949 the Bremer County Board of Education rendered its decision and again disapproved the designation for school attendance and transportation which had been made by the school boards.

On September 2, 1949 the Independent School District of Waverly perfected an appeal to the state superintendent of public instruction pursuant to the applicable statutes, and a record of all prior proceedings was filed with that official. Section 285.12, 1946 Code, now section 285.12, 1950 Code, I.C.A. In connection with that appeal, there was filed an appeal by certain patrons of the Independent School District No. 2 and No. 3, LaFayette Township. The appeal of the parties last named involved the same questions as those raised in the appeal by the Independent School District of Waverly. On November 9, 1949, the state superintendent of public instruction filed a decision and reversed the action taken by the Bremer County Board of Education. Section 285.12, 1946 Code, now section 285.12, 1950 Code, I.C.A. as substituted by Chapter 116, Section 10, Acts of the 53rd General Assembly.

The state superintendent held that in overruling the action taken by the several school boards, the county board of education exceeded its authority under the applicable statutes.

It was the order of the state superintendent of public instruction that certain changes should be made in bus route designations as previously directed by the county board of education. In making this redesignation of bus routes there was a duplication of routes for a short distance as used by the school districts of Waverly and Denver.

Following the filing of the decision of the state superintendent of public instruction, the County Board of Education of Bremer County filed a petition for writ of certiorari in the District Court of Polk County, Iowa wherein it was alleged that the appellant, state superintendent of public instruction, exceeded her authority when she changed and altered one of the bus routes of the Independent School District of Denver which had been approved by the county board of education and from which establishment no appeal had been taken. It was further alleged that the appellant exceeded her authority, acted beyond her jurisdiction, and acted contrary to law when she established by her order of November 9, 1949 overlapping and intersecting bus routes in Bremer County. It was also claimed that the state superintendent of public instruction had acted contrary to law and in excess of the jurisdiction in nullifying and abrogating the powers given to the county board of education as provided by statute.

Thereafter the appellant, state superintendent of public instruction, filed a motion to quash the writ of certiorari and to dismiss the county board of education's petition. It was therein alleged that under Chapter 116, Section 10 of the Acts of the 53rd General Assembly, now section 285.12, 1950 Code, I.C.A. the decision of the state superintendent of public instruction in matters of the designation of bus routes and the resulting designation of schools shall be final, and that consequently the county board of education has no right to have reviewed the decision of the state superintendent of public instruction. It was further alleged in said motion that the county board of education, in making its prior decisions, had acted in a quasi judicial capacity and was, therefore, not a party in interest in the matters alleged in its petition, is not affected by the proceedings nor aggrieved by the decision of the superintendent of public instruction and has no statutory authority to assert or defend its previous orders or decisions on appeal. Later the Independent School District of Waverly, intervenors in the certiorari proceedings and appellants herein, filed a petition of intervention. It was therein stated that according to the pleadings the Bremer County Board of Education, in the certiorari proceedings, was not questioning the decision of the state superintendent of public instruction except as it pertained to school patrons, taxpayers and residents of the Independent School District No. 2, LaFayette Township, Bremer County, Iowa. It was also asserted that the Bremer County Board of Education had no power and authority to sue out and obtain a writ of certiorari in that said board of education is a creature of the legislature, an agent of the State of Iowa, is subordinate to the state superintendent of public instruction and cannot, therefore, question the decision of its superior in that by legislative enactment the decision of the state superintendent of public instruction in matters of this character is final. The intervenors further alleged that the district court has no jurisdiction or authority to attempt to review and nullify the act and decision of the superintendent of public instruction nor to issue a writ of certiorari for the purpose of reviewing said decision. It was also stated that the Bremer County Board of Education, in its official capacity, or its members, have no authority to complain of the decision of the state superintendent of public instruction which reversed their prior decision, nor can they have the same reviewed or set aside by suing out a writ of certiorari in that the decision of the Bremer County Board of Education was a judicial act and that they have no authority or standing in court to question in any manner the decision of the state superintendent. It was further alleged that the county board of education was not an interested party in the proceedings and hearings before it and that, therefore, said board has no interest in this matter and has no right to question the decision of the state superintendent of public instruction by certiorari.

On February 6, 1950 the Independent School District of Denver, Iowa, filed a joinder for writ of certiorari wherein it seeks to join, as party plaintiff, the County Board of Education of Bremer County, Iowa in the certiorari proceedings. In this pleading there were set out statements relative to establishment of certain bus routes out of Denver and facts pertaining to the ruling of the state superintendent of public instruction. Thereafter the superintendent of public instruction, one of the appellants herein, filed a motion to strike and dismiss the joinder for writ of certiorari. It was therein alleged that the Independent School District of Denver, Iowa cannot be substituted as the party plaintiff in the action for writ of certiorari inasmuch as the original party, the County Board of Education of Bremer County, has no legal right, authority or capacity to sue or be sued and has no right to commence a certiorari action in the Polk County District Court. It is also asserted that the Independent School District of Denver, Iowa is a creature of the legislature and that it is subject to...