This is the first time the State Board has been asked to consider whether a certain fact situation constitutes a "similar set of circumstances consistent with the definition of good cause", as provided by Iowa Code section 282.18(16)(1999).

Richard Hurd has been in attendance at the Des Moines Christian School since kindergarten. He just completed ninth grade during the 1998-99 school year. On February 4, 1999, there was an Association meeting of the Des Moines Christian School, where it was disclosed that there would be a number of changes in the organization and functioning of the school for the 1999-2000 school year. Primarily, those involved changes in policies and the departure of staff and administration. During the 1998-99 school year, there were approximately 65 students in Richard Hurd's ninth grade class. At the time of the appeal hearing, there was evidence that there would be no more than 54 students in all of the grades 9-12 in the fall.

Mr. Hurd applied for open enrollment to the Urbandale Community School District and was denied by the West Des Moines Community School District Board of Directors because his application was late without statutory good cause. The denial was based on the fact that good cause only applies if the "nonpublic school either closes or loses its accreditation".

The testimony presented at the appeal hearing showed that the circumstances in this case were closer to a school reorganization than to a school closing. The reorganization of a non-public school is not specified as good cause under the Open Enrollment Statute. However, if the legislature intended to limit the "good cause" exception only to those situations described in the statute, it would not have included the broader language: "or a similar set of circumstances consistent with the definition of good cause". Iowa Code section 282.18(16) 1999).

The State Board found that the unique circumstances of this case fit the definition of good cause as a "similar set of circumstances" relating to the reorganization of a school district, and granted the open enrollment request for Richard D. Hurd to attend the Urbandale Community School District for the fall of the 1999-2000 school year.