DES MOINES —
He argued that Iowa law and previous court cases have never applied the discovery rule to school districts. He said the courts even invited the Legislature to change the language in 2007 but it did not. For the court to change that, it would have to overturn rulings in three previous cases.
Conlin argued that if the discovery rule does not apply to school districts as it does between private individuals, it would violate the constitutional right of equal protection.
The Supreme Court had granted the school district an appeal from a district court judge's opinion, which denied the district's motions to dismiss the case based on the statute of limitations.
Sisk has never faced criminal charges. The woman sued Sisk and the school district, but Conlin said the case against Sisk has been settled satisfactorily. She declined to discuss the terms of the settlement.
The court could agree with Ort and send the case back to district court for dismissal or agree with Conlin and allow the lawsuit to proceed.