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If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or nicole.proesch@iowa.gov.
BOOK: 27 
DECISION: 568 
MONTH-YEAR: February - 2015
IN RE: Intra-district School Assignments
APPELLANT: Jennifer Crumley et.al.
APPELLEE: Clear Creek Amana Community School District
KEYWORDS: School Assignments
FULL TEXT: https://www.educateiowa.gov/documents/appeal-decisions/2015/02/book-27-decision-568 
DETAILS: On October 20, 2014, the Appellants Jennifer and William Crumley, Julie and Adam Sychra, Alan and Diana Kremzar, Jerrod and Michele Miller, Aaron and Sarah Betlach, Darla C. Bartels, Jason Timmerman, and Jill M. Kain filed an appeal of the Clear Creek Amana Community School District (''CCACSD'') Board of Directors decision rendered on September 18, 2014, regarding schools of assignment within the district affecting the neighborhood of Deerview Estates.  Appellee filed a Motion to Dismiss on the grounds that the Appellants are not a parent or guardian of an affected pupil and that the manner of the appeal was deficient.  Appellee also filed a Motion for Summary Judgment. 
  Based on the record, the undersigned finds and concludes that the following Appellants are not ''a parent or guardian of an affected pupil'' who is attending school in the district as of November 7, 2014: Jennifer and William Crumley, Julie and Adam Sychra, Alan and Diana Kremzar, Jerrod and Michele Miller, Aaron and Sarah Betlach, Darla C. Bartels, and Jill M. Kain.  As a result, those Appellants are not aggrieved parties under Iowa Code section 290.1.  The State Board has ruled that in order to be an aggrieved party there must be a direct and immediate impact from the decision.  Simply being affected indirectly or remotely is not sufficient.  In re Pam Rohlk, 11 D.o.E. App. Dec. 20, 22 & n. 2 (1994). 
  This leaves one remaining Appellant, Jason Timmerman.  The undersigned need not consider the Appellees argument that his appeal should be dismissed for lack of jurisdiction because of the manner in which he filed his appeal.  This is because, even broadly construing his filings he is not entitled to relief.
  For summary judgment purposes an issue of fact is material only if the dispute is over facts that might affect the outcome. The State Board will not disturb local decisions unless they are ''unreasonable and contrary to the best interest of education.''

  There is nothing contained in the Appellants Statement of Disputed facts that supports an issue of a material fact over any facts that might affect the outcome in this case.  The record conclusively establishes that the Appellees decision was within a zone of reasonableness.  Simply put, Appellants do not like the outcome.  However, a mere preference for a different outcome does not entitle the Appellants to relief.              
OUTCOMES: The appeal filed by Jennifer and William Crumley, Julie and Adam Sychra, Alan and Diana Kremzar, Jerrod and Michele Miller, Aaron and Sarah Betlach, Darla C. Bartels, and Jill M. Kain on October 20, 2014, is hereby DISMISSED for lack of jurisdiction. 

The Districts Motion for Summary Judgment is GRANTED as to the remaining Appellant, Jason Timmerman, and the decision made by the Board of Directors of CCACSD on September 18, 2014, regarding schools of assignment within the district affecting the neighborhood of Deerview Estates is AFFIRMED.