Novak v. Oneida Tp. School Bd., Tama County

• Decision Date: 10 March 1959
• Docket Number: No. 49663,49663
• Citation: Novak v. Oneida Tp. School Bd., Tama County, 95 N.W.2d 291, 250 Iowa 668 (Iowa 1959)
• Parties: Mr. Milvoy NOVAK et al., Appellees, v. ONEIDA TOWNSHIP SCHOOL BOARD, TAMA COUNTY, Iowa; Board of Education in and for Tama County, Iowa, E. P. Simmons, Secretary and Executive Officer, Appellants.
• Court: Iowa Supreme Court

Page 291

95 N.W.2d 291

250 Iowa 668

Mr. Milvoy NOVAK et al., Appellees, v.ONEIDA TOWNSHIP SCHOOL BOARD, TAMA COUNTY, Iowa; Board of Education in and for Tama County, Iowa, E. P. Simmons, Secretary and Executive Officer, Appellants.

No. 49663.

Supreme Court of Iowa.

March 10, 1959.

Hyland & Hyland, Tama & Boardman, Cartwright & Druker, Marshalltown, for appellantOneida Township School Board.

Lundy, Butler, Lundy & Wilson, Eldora & Dickens & Mickelson, Toledo, for appellees.

OLIVER, Justice.

Oneida Township School Board, Tama County, Iowa, did not maintain a high school or elementary school for the school year 1957-1958 and designated schools in another district for attendance by its pupils.As required by section 285.4, Code of Iowa,I.C.A., 1954(1958) it submitted such designations to the board of education of Tama County, which approved the designations, over the objection of certain parents.From this order of approval the objectors appealed to the state superintendent of public instruction who reversed the decision of Oneida Township board and Tama County, Iowa.The boards then appealed to Tama District Court, which, upon motion of the parents, dismissed the appeal.From this judgment and order of dismissal, Oneida Township and Tama County school boards, and E. P. Simmons, secretary, have appealed to this court.The only question is whether the decision of the state superintendent was appealable to district court.We agree with the conclusion of the district court that such decision was not appealable.

I.It is fundamental taht the right of appeal is purely statutory and may be granted or denied by the legislature as it determines.Unless the statute makes provision therefor, expressly or by plain implication, there is no right of appeal.Everding v. Board of Education, 247 Iowa 743, 746, 747, 76 N.W.2d 205, and citations;Bales v. Iowa State Highway Commission, 249 Iowa----, 86 N.W.2d 244, 246, 247.

II.Chapter 285, Code of Iowa, 1954, I.C.A., is entitled 'State Aid for Transportation'.Code section 285.4, I.C.A., provides for: (1) the designation by school boards in districts not maintaining school facilities, of other districts for attendance by pupils; (2) the submission of such designations to the county board, for review and approval, and (3) appeals to the state superintendent from decisions of the county board, which appeals, it states, 'may be made * * * as provided in section 285.12andsection 285.13.'These appeals to the state superintendent are the only appeals authorized by section 285.4.

Code section 285.12, I.C.A., sets out the procedure for the determination of disputes, in general, between a school patron and the local board.It lists the several permissible stages, as follows: (1) the patron, if dissatisfied with the decision of the school board, may appeal the same to the county board; (2) either party may appeal from the decision of the county board to the state superintendent; (3)the decision of the state superintendent may be appealed to district court, and (4) the order of the district court may be appealed to the supreme court.Section 285.13 refers to disagreements between boards.Hence, except as to appeals to the state superintendent, the procedure in school designation cases provided by section 285.4 differs from the procedure provided by section 285.12 for disagreements in general.This is the only part of section 285.12 which is adopted by section 285.4.Upon this point the language of section 285.4 is plain and unambiguous...