This case represents the fifth time that the State Board of Education has been asked to exercise "broad discretion to achieve just and equitable results which are in the best interest of the affected child(ren)" when custody has been changed by the court after the June 30th deadline for "good cause".

The four prior cases involved custody decrees that were issued in August of the year. This change in custody occurred at the end of November in the 1998-99 school year. Mr. Houck lives in Knoxville with his second wife and is employed at the Veterans Administration Hospital there. However, his residence is in the Twin Cedars Community School District with his second wife. There are no other children in the home until Bruce Houck, Jr. was sent to live with them at the end of November 1998. Junior, as Appellant refers to his son, was living in Texas with his mother until they began to have problems getting along. These problems culminated in October 1998 when Junior was hospitalized in Texas. He was in the hospital from October until the end of November 1998 as a result of being physically and emotionally abused by his mother. Doctors would only release Junior to his father as the sole custodian. Mr. Houck is currently involved in custody litigation in Texas.

Mr. Houck wanted Junior to attend Knoxville Community School District so that he could transport him daily on the way to work. The Twin Cedars Board denied Mr. Houck's application for open enrollment in December for the 1998-99 school year because it had been filed after the June 30th deadline for good cause. Junior has been approved for open enrollment to Knoxville for the 1999-2000 school year.

Under the State Board's prior precedent in this type of situation, Junior would be entitled to attend Knoxville immediately. He has been enrolled in the Twin Cedars District pending the outcome of this appeal. It is recommended that the State Board allow immediate open enrollment to Knoxville because Junior's attendance at Twin Cedars has been less than 50%. Mr. Houck believes that if he is able to transport his son to school in Knoxville, these attendance problems can be resolved.