Their son, Jason, attended the Cedar Rapids schools from kindergarten through the first trimester of ninth grade. Jason's grades averaged below a "C" and he was frequently absent. Jason is a special education student.

In November 1997, Jason was adjudicated delinquent and placed in a behavioral disorder program at Dubuque Hemptead High School, where he completed his freshman year with almost a straight "A" average. His placement ended in June 1998.

In anticipation of Jason's 10th grade year, Ms. Moody filed an open enrollment application on December 22, 1997, with the Cedar Rapids District. She sought open enrollment to enter the College Community School District in the Fall of 1998. Although the application was received by Cedar Rapids on December 23, 1997, it was not approved until June 6, 1998. The application was received by the College Community School District on June 10, 1998, and was denied by its Board on June 15, 1998, because the application "was not filed in a timely manner".

At the appeal hearing, the administration of College Community School District argued that "the real reason" the open enrollment request could not be approved was because the special education program at College CSD is full and is not appropriate for Jason's needs.

Whether the special education program is appropriate for Jason, is not an issue that can be decided by the State Board of Education. The issue before the State Board is whether the College Community School District erred by denying Jason's application on the grounds that it was not timely filed. That was the reason stated in the Board minutes and that was the reason given to Appellant. We conclude that reason is erroneous.