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Decision Number
20
Book
11
Month
January
Year
1994
In RE
Open Enrollment Transportation
Appellant
Pam Rohlk
Appellee
Eastwood Community School District
Full Text
Summary

The appellant seeks reversal of a decision by the Eastwood Community School District denying her request that Galva-Holstein be allowed to send its buses into the district to pick up and drop off students open enrolled to Galva-Holstein. Note: the board's action was to initiate a policy not to allow buses from other district's for the purpose of transporting open enrolled students; there was no action specifically on appellant's case.

Brad and Pam Rohlk drive their children a quarter of a mile into Galva-Holstein to be picked up by a school bus. Brad would pick up the kindergarten child at 12:30, and then return for the second child at 4:30. Pam Rohlk asked the district to enter into an agreement with Galva-Holsten, and it was denied as they initiated a policy to not allow any buses in their boundaries. She cites safety, health concerns, and not being able to afford child care to avoid multiple trips to pick up the children as reasons to overturn the local board's decision.

he State Board has often repeated that it is not free to reverse the action of a local board "absent proof that it was made arbitrarily, capriciously, without basis of fact, upon error of law, without legal authority, or unless it constitutes an abuse of discretion". It appears to be an established precedent that if a school board declines an invitation to enter into a transportation agreement with neighboring districts, and it has a valid reason for the denial, and if a student's particular safety situation is not serious enough to override the district's decision, the decision will not be disturbed by the State Board.

The appellant has not presented facts that would justify reversal of the local board's decision; her fears regarding safety are based on what could happen and not what is likely to happen

The decision made by the Eastwood Community School District board to not allow buses from other districts within its borders, thus denying Pam Rohlk's request for a transportation agreement with Galva-Holstein Community School District, is affirmed.