The Janes family moved to their current residence in Ames in July 1998. Mrs. Janes testified that a major consideration in purchasing a home in the Ames area was the school district the children would attend. Before purchasing their current home and on the advice of their realtor, Mrs. Janes called the Gilbert Community School District to determine what district the home was in. She testified that a secretary told her she was in the Gilbert District. Because they wanted to give their two children time to adjust to a new school and community, they applied to the Gilbert Community School District for continuation under open enrollment in their previous home district, Webster City, for the 1998-99 school year. The applications were received by Gilbert in August 1998, and approved by the Gilbert Board of Directors.

In October 1998, Mrs. Janes went to the Gilbert Community School District's office to enroll her two sons. She met the superintendent who asked her where her family lived. When she told him the address, he informed her that they were residents of the United Community School District, not Gilbert. She asked about the possibility of open enrollment into the Gilbert District and was told by the superintendent that open enrollment had been closed in Gilbert due to insufficient classroom space. Nevertheless, in October 1998, Mrs. Janes filed open enrollment applications for the 1998-1999 school year out of United and into Gilbert. On November 12, 1998, the United Community School District Board denied the applications as being late without statutory good cause.

The administrative law judge found that the decision of the United Community School District was appropriate under the law and should be affirmed. Even though it appeared that Appellant was misled by the information given by the secretary of the Gilbert District as well as the Gilbert District's Board's action in approving her continuation under open enrollment back to Webster City, the Gilbert District is not a party to this appeal. Therefore, the State Board is without jurisdiction to fashion a remedy involving the Gilbert District.

It was recommended that the decision of the Board of Directors of the United Community School District made on November 12, 1998, denying Appellant's open enrollment applications for her children for the 1998-99 school year, be affirmed.