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Decision Number
83
Book
14
Month
April
Year
1997
In RE
Nathan Vermeer
Appellant
Marie Vermeer
Appellee
MOC-Floyd Valley Community School District
Full Text
Summary

All four of Appellant's children have attended Sioux Center Christian Elementary School. Appellant began talking with the receiving district, Sioux Center, in February 1996 about open enrolling Nathan. By May 1996, Appellant had registered Nathan and worked out busing issues with Sioux Center. At that time, Appellant was not aware that she had to open enroll Nathan by a deadline. No one from either district had informed her of the deadline. The application for Nathan was filed in July 1996 after Sioux Center asked her whether she had open enrolled him. As soon as she learned that an application had to be filed, one was completed and sent to the MOC-Floyd District.

Appellant did not provide any "good cause" for missing the deadline and the District denied Nathan's application as being filed untimely. The Vermeers testified that they had not received any information regarding deadlines on open enrollment. Even though the Vermeers did not know of the open enrollment requirement of filing by a deadline, their reason does not qualify as good cause under the statute.

The MOC-Floyd Valley Community School District published notice in a school newsletter by September 30. There is no legal requirements that the District send open enrollment information to every household. The District is not responsible for making sure that every parent in the District actually receives the notice. The Board's decision is consistent with the State Law and the rules of the Department of Education.

That the decision of the Board of Directors of the MOC-Floyd Valley Community School District made on August 12, 1996, denying open enrollment to Nathan Vermeer was affirmed.