On April 22, 1996, Jason was an 11th grade student in the Griswold Community School District. After Jason and a teacher experienced some difficulties, he completed the 11th grade in a homebound program. The Griswold Board approved Appellant's late-filed open enrollment to the Atlantic District on May 28, 1996. However, her application for Jason was denied by Atlantic on June 11, 1996.

The Interim Superintendent testified at the hearing the reason given by the Board for denying Jason was because it was filed late, however, he volunteered that he knew that wasn't the only reason. "The altercation with the teacher probably had as much to do with it as anything." The District had accepted late applications from sending districts in the past; the District had sufficient classroom space; and the District did not have any type of desegregation plan to consider. Jason had already settled into the Atlantic District and had had no problems there.

The issue raised in this appeal is whether a receiving district is required to approve an open enrollment application when the application ahs been approved by the sending district, but the receiving district does not want to approve the application? The financial impracticalities of forcing a recalcitrant receiving district to accept late-filed open enrolled student are not foreseeable.

If an application for open enrollment is timely filed or "good cause" for late filing exists and the sending district approve the applicate, the receiving district may not deny the application unless one of the following conditions exist: 1) There is insufficient classroom space; 2) When a district has a desegregation plan or order; has adopted and followed a policy containing objective criteria for determining when a request would adversely impace the desegregation plan or order, and the superintendent finds that enrollment would adversely affect the district's implementation of its desegregation plan or order; 3) When the student has been suspended or expelled and not reinstated in the sending district; 4) If the child requires special education programming which is not offered in the receiving district; and 5) If a laboratory school as described in Iowa Code chapter 265, may deny an open enrollment application as the receiving district and the denial is not subject to appeal under Iowa Code section 290.1.

That the decision of the Board of Directors of the Atlantic Community School District, denying Appellant's application for her son to open enroll into the District, made on June 11, 1996, was affirmed.