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Decision Number
182
Book
13
Month
May
Year
1996
In RE
Spenser Foltz
Appellant
Lynne Foltz
Appellee
Des Moines Independent Community School District
Full Text
Summary

Appellant is a single parent. She has applied for open enrollment for her son 3 three times and been denied based on the District's desegregation policy. She has appealed all 3 denials to the State Board. The first time, her appeal was dismissed due to default for nonappearance. The second appeal was heard on December 4, 1995. She lived in Des Moines, but worked in Norwalk. She testified she lives in Norwalk during the school eyar so Spenser can go to school there, but returns to her mobile home during the summer. She had filed late and the decision affirmed the District. At the third appeal, Appellant once again affirmed the fact she had "moved in with a friend in Norwalk so Spenser will be able to stay with his friends and attend school in Norwalk."

It was quite clear, given all the evidence, Appellant never established a bona fide residence in Norwalk. She never contended otherwise. Appellant is not entitled to attend the Norwalk Disstrict tuition-free.

As to the merits of this case, we see no error in the decision of the Des Moines Board.

That the decision of the Board of Directors made on December 12, 1995, denying Spenser Foltz's open enrollment request, was affirmed.