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Decision Number
189
Book
13
Month
May
Year
1996
In RE
Matthew Lars Egesdal
Appellant
Tim & Jill Egesdal
Appellee
Cedar Rapids Community School District
Full Text
Summary

Appellant Egesdal testified that their previous involvement with open enrollment had occurred two years earlier when Matthew was entering kindergarten. Although Appellants had requested 13 years of open enrollment, Matthew was only approved for one year out of the Monroe Kindergarten Center. He was denied open enrollment after that due to the fact that after kindergarten, he would be attending Johnson Elementary, a building that had been closed to open enrollment under the District's desegregation policy. The Egesdals then asked Nelson Evans, director of student services, how they could ever attend College Community School District. Mr. Evans testified that he told them, "the only way that could occur, unless there were some extenuating circumstances, would be for you to move out of the Johnson attendance area." So the Egesdals sold their home and moved to 26th Avenue Drive S.W., which was as close as they could get to the College Community School District. Mr. Egesdal testified that, "at this time, there is no housing available within the College Community School District." After their move, the Egesdals re-filed for open enrollment for Matt and their younger son who was entering kindergarten in the fall of 1995. According to Mr. Egesdal, this is the first time that they were informed about missing the October 30th deadline or that there was an October 30th deadline. Appellants stated they do not recall seeing anything from Grant Elementary School, where Matthew attended last year, concerning any open enrollment deadlines.

One of the reasons Appellants requested open enrollment was to keep the boys in the same school. In contrast to the College Community School District, the boys would attend separate schools in Cedar Rapids, having different starting times and release times. The Egesdals stated that they have applied for open enrollment for the 1996-97 school year and Mr. Evans verified that they should be approved from their present attendance center.

Although the hearing panel believes that open enrollment for the Egesdals would be more convenient; and that having the boys together in the same district is certainly a compelling reason, neither circumstance constitutes the "good cause" necessary for excusing the late application.

As to the merits of this case, we see no error in the decision of the Board of the District. The District's applica-tion of its policy is consistent with the State law and rules of the Department of Education.

the decision of the Cedar Rapids Community School District's Board of Directors made on June 12, 1995, denying Appellants' untimely open enrollment request for Matthew Lars Egesdal to attend College Community School District for the 1995-96 school year was affirmed.