Shawn and Derek resided with their mother and step-father in California until her death on August 20, 1994. The divorce decreee established Mr. Swenson as the legal guardian in the event of the death of his first wife. He applied for open enrollment on August 18, 1994 for the two boys, but was denied on August 21, 1994, because of late filing.

Because the applications were filed in late August, the "good cause" exceptions could not be applied. The State Board must exercise its subsection 20 power to grant the requests.

That the Cedar Rapids Board of Directors decision denying open enrollment to Shawn and Derek was reversed.