Appellant lives in Villisca with his son, Kiley, and want to open enroll him to Clarinda District due to difficulties he's been experiencing in Villisca. Kiley's grade have dropped. Mr. Auten testified that Kiley is harrassed by several students on a frequent basis. This has been going on for at least two years. Both Mr. Auten and the principal testified that they were repeatedly in contact by telephone or in person regarding Kiley. The superintendent testified that Kiley's problems have been going on longer than two years, and involved problems with adults in authority as well as peer problems.

The Autens and the District have worked together to try to help Kiley dela with certain situation. Kiley has talked with the school psychologist and the guidance counselor. The principal testified that he has imposed discipline on both Kiley and the other students as a result of confrontations.

The District does not have a written policy regarding open enrollment that requires parents to file applications by January 1. However, the Board has a practice of denying late-filed applications and has been consistent in following this practice. The District publishes notice of the deadliens each year.

We see no error in the decision of the Board to deny Kiley's open enrollment. The Board's decision to deny was consistent with state law and the rules of the Iowa Department of Education.

That the decision of the Villisca Community School District's Board of Directors made on April 27, 1998, denying Kiley Auten's open enrollment application, was affirmed.