The Jacksons moved after the January 1st deadline for filing open enrollment applications, and the main reason for their open enrollment request is the distance from the Jackson's home to the Belmond attendance center. It is approximately twenty-one miles to the Belmond attendance center, and only about six miles to the Ventura school. They believe it is in their children's best interest not to have to travel so far to school. Since the family moved after the January 1st deadline, the Jacksons believe this constitutes good cause for their late-filed application.
The decision to implement multi-age classrooms was made by the Board after the January 1st open enrollment deadline. Since the Board decisions were made after January 1st, the Jacksons believe this also constitutes good cause for their late filing. Furthermore, the Jacksons believe the Board intentionally delayed taking action on the grade realignment issue until after the January 1st deadline in order to prevent parents from filing applications for open enrollment. As support for this belief, the Jacksons cite to a document drafted by Dr. Newkirk which lists the pros and cons of the realignment, and which states that some students might request open enrollment.
Many people in the District also expressed opinions regarding the realignment individually to Dr. Newkirk and to the Board members. Dr. Newkirk objected to the interpretation by the Jacksons that the District intentionally delayed voting to prevent parents from open enrolling their children. At the April Board meeting, Dr. Newkirk distributed a document which discussed advantages and disadvantages of the realignment decision. He wrote the document because he wanted people in the community and the Board to understand the implications of making a decision to realign the District.
The Jacksons' position is that the action taken by the Board at the April 14th meeting regarding attendance centers was a school closure, because it closed that particular building to their daughter, and she could no longer attend first grade at the Klemme attendance center. We do not agree. This case falls squarely within 281 IAC 17.4(3), which specifically provides that designation of attendance centers within the district and assignment of pupils to those attendance centers is not "good cause". Furthermore, the statute and rules provide that permanent closure of a nonpublic school is good cause, not closure of a public school. Iowa Code section 282.18(16)(1997); 281 IAC 17.4; In re Peter and Mike Caspers, et al., 8 D.o.E. App. Dec. 115(1990).
In this case, we see no error in the decision of the Board of the District. The Board's decision was consistent with state law and the rules of the Iowa Department of Education. Therefore, there are no grounds to justify reversing the District Board's denial of the open enrollment application.
That the decision of the Board of Directors of the Belmond-Klemme School District made on April 14, 1997, which denied the Jacksons' late-filed request for open enrollment for Madison to attend school in Ventura for the 1997-98 school year, is hereby recommended for affirmance.