At the time of this appeal, Britney Graham was attending the fifth grade in the District for the 1999-2000 school year. During Britney's fourth-grade year in the District, her homeroom teacher [hereinafter, "the teacher"] had told Britney that she would "beat her to a bloody pulp" because Britney had not changed a math problem quickly enough. Britney was extremely upset and reported the incident to her parents on the evening of February 5, 1999. Mr. and Mrs. Graham immediately contacted the elementary school principal, Charlotte Weaklend, to set up a meeting with the teacher and Ms. Weaklend for the following day, February 6, 1999. During that meeting, Ms. Weaklend offered to switch Britney to the other fourth-grade homeroom taught by a different teacher. Mr. and Mrs. Graham spoke to Britney about the offer to transfer out of the teacher's homeroom and into the other homeroom for the remainder of her fourth-grade year. Britney responded by stating that she would rather not because she felt that would be punishing herself due to the fact that all of her friends were in the teacher's class. Britney's parents, therefore, notified Ms. Weaklend and Mr. Poole that they would decline the offer to transfer Britney to the other fourth-grade homeroom. If Britney had transferred to the other homeroom, she would have spent most of the day in the new homeroom. She would still, however, have had the teacher for either science or social studies since the two fourth-grade teachers switched classes to teach those two subjects.

After the February 5, 1999, "bloody pulp" incident, Britney continued to be uncomfortable because the teacher had a practice of announcing the students' grades on various assignments to the entire class. The evidence showed that the practice of making those announcements was brought to the attention of Ms. Weaklend, who then told the teacher to discontinue the practice, which she did. On March 23, 1999, Mrs. Graham attended a closed session meeting of the Board concerning whether or not the Board should do something in response to the teacher's behavior. Mrs. Graham did not hear anything during the month of April from the Board and, therefore, asked to be placed on the Board's May 1999 agenda. She received a telephone call from Board President Penick, who said that the Board had determined that it would not do anything during its May meeting. When it became apparent to Ms. Graham that the Board would not do anything in response to her request, she filed an open enrollment application on June 2, 1999, for Britney to attend the Pleasantville Community School District for the 1999-2000 school year. On June 14, 1999, the Board met in its regular session and denied the Grahams' open enrollment application for Britney because the application had been filed after the January 1 deadline.Britney then began her fifth-grade year in the District for the 1999-2000 school year. Mrs. Graham testified that Britney seems to be doing fine this year.

In spite of the undisputed evidence that Britney is doing fine this year, Mrs. Graham testified that it would still be safer if Britney were enrolled in a different school this year because "you never know" what might happen. Mrs. Graham therefore appealed the decision of the Board to deny her open enrollment application. In spite of the undisputed evidence that Britney is doing fine this year, Mrs. Graham testified that it would still be safer if Britney were enrolled in a different school this year because "you never know" what might happen. Mrs. Graham therefore appealed the decision of the Board to deny her open enrollment application.

We concluded that her parents' fears that something further might happen due to the fact that the teacher is still present in the building do not constitute an extraordinary case that cries out for State Board intervention.

That the decision of the Board of Directors of the Southeast Warren Community School District made on June 14, 1999, denying the open enrollment applica-tion of Appellant on behalf of her daughter, Britney, was affirmed.