This appeal involved a late-filed open enrollment application. Mr. and Mrs. Kitzinger filed an application for their son, Jonathan, on June 23, 1997. They believed there would be no problem receiving approval since the District Board's past practice had been to grant all open enrollment requests. There had been a change in the membership of the Board in September 1996. The new Board had never addressed the issue of late-filed open enrollment requests nor had a change in policy been addressed publicly.

The Kitzingers' application was addressed by the Board on June 24, 1997, and tabled so the new Board could consider this issue. The Board voted to deny the request on July 14, 1997, and this appeal resulted. The hearing panel and administrative law judge determined that since the community had no way to know that late-filed applications would no longer be granted that the Kitzingers' application denial be reversed and open enrollment be granted for their son.