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Iowa State Board upholds administrative judge in ESA eligibility appeal after parent cites conflicting guidance
Summary
The State Board of Education voted to affirm an administrative law judge27s decision denying an Education Savings Account payment after an appellant said she relied on repeated incorrect guidance from the program administrator; board members cited statutory timing requirements as dispositive.
The Iowa State Board of Education on a recorded vote affirmed an administrative law judge27s ruling that a student did not retain eligibility for Education Savings Account (ESA) payments because the student was not enrolled full time at a nonpublic school on or before the statutory Sept. 30 deadline.
Sarah Fernandez, who appealed the department27s denial, told the board she repeatedly received incorrect information from Odyssey, the ESA third-party administrator, and that she relied on those assurances when transferring her child to a private school after the Sept. 30 cut-off. Fernandez said the provider27s staff told her the…
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