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Decision Number
259
Book
14
Month
July
Year
1997
In RE
David Brannan
Appellant
Richard & Theresa Brannan
Appellee
Saydel Consolidated School District
Full Text
Summary

The Brannans would like to open enroll their son, David, into the Des Moines District's home instruction program. Mrs. Brannan would like to team teach with another mother who home schools her child. The Des Moines home instruction program has scheduled activities for the students in the program, which Mrs. Brannan believes would benefit David, and she and the other mother would like to share transportation to those activities. The other student is a friend of David's. Mrs. Brannan is aware of the restrictions in the law which allow only a parent or a certified teacher to instruct home schooled students.

The District denied the Brannans' application for open enrollment on the basis that it was filed after the deadline and there were no grounds for the good cause exception. This decision was made at the April 21, 1997, Board Meeting. The Brannans then filed this appeal.

The legislature did not give individual school districts or the Iowa Department of Education unfettered discretion to decide what "good cause" means. In this case, even though the Brannans had a good reason for missing the deadline, their reason does not qualify as good cause under the statute. Iowa Code ?282.18(16)(1997); 281 Iowa Administrative Code 17.4.

That the decision of the Board of Directors of the Saydel Consolidated School District made on April 21, 1997, which denied the Brannans' late-filed request for open enrollment for David to attend the Des Moines Independent Community School District's home instruction program for the 1997-98 school year was affirmed.