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Decision Number
303
Book
14
Month
April
Year
1998
In RE
Amy Lynn Ashbrook
Appellant
Debbie Ashbrook
Appellee
Des Moines Independent Community School District
Full Text
Summary

Appellant and her husband are divorced. Appellant resides in the West Des Moines School District and her ex-husband and daughter reside in the Van Meter District. Following Amy's father's move to Michigan in January 1997, Amy moved to her mother's home in West Des Moines. She was open enrolled back to Van Meter as a continuation student. In August 1997, Amy and her mother moved to Iowa City and Amy attended the Iowa City District but hated it. They then moved back to Des Moines after failing to find housing in Van Meter so Amy could finish her high school career in Van Meter. The Des Moines District denied her open enrollment request on March 3, 1998, based on the determination that the application was filed past the deadline and there was no good cause for the late filing.

Iowa Code subsection 282.18(16)(1997) contained the definition of good cause. The Department of Education's rules contain the same types of events that constitute good cause, one of which is a change in family residence after the January 1st deadline. 281 IAC 17.4.

The Ashbrooks moved into the Des Moines District on March 27,1998, well after the January 1 deadline. Therefore, pursuant to both Iowa Code subsection 282.18(16)(1997) and the rules at 281 IAC 17.4, Appellant had good cause for the late filing of her open enrollment application.

That the decision of the Board of Directors of the Des Moines Independent Community School District made on March 3, 1998, which denied Amy Ashbrook's late-filed request for open enrollment was reversed.