This appeal resulted from a late-filed open enrollment application which was denied by the District because it was filed after January 1st. Mr. and Mrs. Olson reside in the MOC-Floyd Valley Community School District and have had three other children graduate from this district. Their son, Nicholas, experienced several problems at school, including bad grades, bad reputation, depression, and girlfriend trouble. The Olsons worked with the administration, teachers, and guidance counselor at school to try to resolve the problem areas. Nicholas' peers continued to harass him throughout the summer and Nicholas refused to return to the MOC-Floyd Valley District.

After hearing the evidence, the hearing panel and administrative law judge determined it was in Nicholas' best interest to use the State Board's subsection (18) authority to allow the Olsons' request to be granted.