Ashley Buhr was a 12-year-old 7th grader and her brother, Roman, was an 11-year-old 5th grader. Roman was a specil education student, classified as "mild mentally disabled." Although the Buhrs have resided in the District for the past 11 years, Roman has never attended school there. He attended classes in Tripoli. At the end of May, Ms. Buhr received a letter from the District stating,..."we are planning to have your child served at Durant Elementary in Sumner new year."

Ms. Buhr testified that she did not have confidence in the program due to its newness. She applied for open enrollment to Maynard for Roman and Ashley so they could attend in the same District. The applications were denied on September 19, 1994. Unfortunately, the application for the "good cause" exception must be filed by June 30th. Roman's placement in Maynard changed his AEA from 7 to AEA 1. An administrative law judge appointed for a due process hearing would be the most appropriate person to decide which program would best serve Roman's special needs.

There were no circumstances present which would have persuaded the State Board to find "good cause" for granting Ashley's late application.

That the decisions of the Board of Directors of the Sumner Community School District, denying the open enrollment applications for Ashley and Roman Buhr, was affirmed.