Appellants' open enrollment application was received on August 8, 1994. The Board denied it as being filed late without good cause. Appellants' major contention on appeal is that the District's denial was "arbitrary and capricious" because the board violated a precedent set by an approval of another late application. There were no unusual circumstances amounting to good cause, but the student was allowed to open enroll. Nothing in the record showed facts prompting the District to grant the late appliation.

A sending district may waive the timeline for all application or for ertain specified situation or may determine to make exceptions only on a case-by-case basis. It is incumbent upon the Board and its secretary to word the motion with care so that the precedent was stated narrowly and in clear language.That would provide the public with notice as to what circumstances would justify the departure.

Since it was unknown if the present appeal involved the same factual situation as the other case, it cannot be said that the school board is bound by its prior precedent. In the absence of any other approvals of late applications, the District's actions fall short of establishing a policy or precedent.

That the decision of the Board of Directors of the Corwith-Wesley Community School District, denying Appellants' untimely filed open enrollment application was affirmed.