Appellant made a very emotional argument for the fact that there was a hostile environment in the District toward Quimby residents that was "dangerous and threatening". As a result of the threat by the student in Mrs. Wych's algebra class coupled with the fact that nothing had been done to punish that student, Quimby families were suffering a great deal of hardship and expense to send their children to other districts next Fall. Other than these bald assertions, however, Mrs. Brown presented no evidence to support her assertions these threats had actually been made. She testified that she had not contacted a school counselor, a student nurse, the principal of either the elementary or middle schools, or the police. Not only had she not contacted the administration to discuss her fears of threats and intimidation, neither had she contacted the local law authorities.In all, the nature of her response to the alleged "threats" seemed inconsistent with the level of "atmospheric hostility" that she maintains is present in the District.

In contrast, the District testified that upon receiving Mrs. Brown's Application for Rehearing, it began an immediate investigation of the incident occurring in Ms. Wych's algebra class. Julie DeStigter, the middle school principal, is also the person in charge of receiving harassment complaints. She testified that she undertook an investigation by contacting seven of the eight students present that day in Ms. Wych's class to determine the nature of any threats against Quimby students. The eighth student was not contacted because he is the nephew of Mrs. Brown and, on advice of counsel, the District did not wish to place this individual in a more difficult position than he already was in. Mrs. DeStigter testified that there was no indication by any of these students and their families that a threat had been made against any Quimby students by Zane Forbes.

There have been no contacts with counselors or medical personnel which would indicate that the harassment has any, much less severe, consequences on Appellant's children. When asked why she did not report her fears of threats or harassment to either the principal or the superintendent, Mrs. Brown dismissed any attempts to communicate with the administration as futile. However, she did not demonstrate that her fears of futility were well-founded. She has never attempted to communicate with them in the past Mrs. Brown has not tried to work with the school officials and has the attitude that they will not do anything to help.

That the decision upon rehearing reaffirms the Director's Decision made on May 26, 1998. That decision affirmed the decision of the Board of Directors of the River Valley School District made on March 16, 1998, which denied the Appellant's late-filed requests for open enrollment for her children for the 1998-99 school year.