Appellant's timely requests for open enrollment for her daughters were denied because both children were attending Sentral under the provisions of a wholegrade sharing agreement in which they have "tuitioned-out" to a contiguous district. Burt began wholegrade sharing with Sentral in 1988-89, prior to the enactment of the present "open enrollment" law. The agreement was initially for 3 years; the districts would share grades 6 through 12 with Burt operating 6 through 8 and Sentral operating 9 through 12. A 3-year renewal was entered into with an option to terminate. At that time, Burt also entered into a corollary oneway wholegrade sharing agreement with the Algona District. Burt students 9 through 12 could choose to attend either Sentral or Algona.

Effective with the 1993-94 school year, the Burt-Sentral wholegrade sharing agreement was terminated and Burt entered into a five-year agreement with Algona for grade 6 through 12. Burt paid Algona $2800 per student in year one. Resident students could request assignment under Iowa Code section 282.11 to a contiguous district. Appellants elected to attend Sentral as "tuitioned-out" students. Sentral agreed to accept the children as "tuitioned-out" students, pursuant to the agreement, for $2,800 each. The only issue on appeal is whether the Harms' election under section 282.11 to tuition-out from Burt to Sentral in 1992 now precludes their option to open enroll their children to the same school district for the 1995-96 school year.

The District's arguments presume that local property tax revenues are intended to be used to maintain and support a local school rather than to educate the resident students of the district. This argument was effectively defeated by the Iowa Supreme Court in Exira Community Sch. Dist. v. State of Iowa, 512 NW2d 787 (Iowa 1994).

There is no authority in the Open Enrollment Law for Burt to deny the Harms' requests.

That the decision of the Board of Directors of the Burt Community School District was reversed.