In this consolidated appeal, Appellants seek open enrollment for their five children out of the East Monona Community School District. Appellant Kuhlman would like her children to attend the West Harrison-Mondamin Community School District during the 1997-1998 school year; Appellant Bothwell seeks open enrollment for her children to attend school in the West Monona Community School District for the same school year. Both parents affirmatively sought information from the principal of their school regarding the open enrollment deadlines which were being extended because of a change in state law. The evidence showed that on at least two occasions, the principal informed the Appellants that the open enrollment deadline was June 1st. He also assured them that they didn't have anything to worry about. This was not disputed by the superintendent, although the principal is no longer at the District and was not present at the appeal hearing. Relying on the principal's information, the parents filed their applications for open enrollment after the deadline had passed. The ALJ and hearing panel found that although the parents did not have "statutory good cause" for the late filing of their applications, it would be unjust to deny these parents open enrollment when they turned in their applications by the deadline told to them by their principal. This is because the parents have a right to expect reliable information from their building principal and should not be penalized for such reliance. This is a case which calls for the exercise of the Board's discretionary power under Iowa Code ?282.18(18)(1997), which states that the "state board shall exercise broad discretion to achieve just and equitable results which are in the best interest of the affected child or children."

Therefore, the ALJ and the hearing panel recommended that the decision of the Board of Directors of the East Monona Community School District made on May 12, 1997, which denied Ms. Kuhlman's and Ms. Bothwell's late-filed requests for open enrollment for their children was recommended for reversal.