This is a case of "mistaken residency". Kassidi Todd and her two older siblings had attended school in the Galva-Holstein Community School District all of their lives. Their farm was located in that district. At the time of the appeal hearing, Kassidi Todd was a ninth grade student there.

In 1987, the Todds purchased an additional farm about three miles from their home. In 1990, they moved to the second farm, but continued farming operations on the first. The Todd children, including Kassidi, continued to attend the Galva-Holstein Schools.

In mid-February 1999, a District Board member observed the Galva-Holstein bus picking up a student near the Todd residence. (It wasn't Kassidi; she drives herself to school). After the Board member reported this information to the River Valley superintendent, it was discovered that the Todds' second farm, where they had lived since 1990, was within the River Valley Community School District.

In March 1999, the Todds applied for open enrollment for Kassidi to attend Galva-Holstein. The Board denied the application for being untimely. The evidence showed that River Valley had never included the Todd children in its student counts because everyone assumed that Galva-Holstein was their resident district.

This is not the first time these circumstances have been addressed by the State Board. In two recent cases, the State Board has allowed late-filed requests for open enrollment when the student had been attending the school, under mistaken residency, for a number of years. See, In re Nicholas Wayne Martin, & In re Mark Ball, 16 D.o.E. App. Dec. 230 (1998); In re Elizabeth, Jennifer, and Alberto Landeros, 16 D.o.E. App. Dec. 172(1998). For these reasons, it is recommended that the State Board of Education exercise its discretionary subsection (18) power to allow Kassidi Todd to remain in the Galva-Holstein Community School District to continue her education.

The decision of the River Valley Community School District's Board of Directors made on April 19, 1999, that denied the Appellants' request for open enrollment for Kassidi Todd to continue to attend the Galva-Holstein Community School District, be reversed.