Skip to main content
Official State of Iowa Website Here is how you know
Decision Number
21
Book
18
Month
November
Year
1999
In RE
Emily Reinen
Appellant
Bethanne Reinen
Appellee
Davenport CSD
Full Text
Summary

At the time of this appeal, Emily Reinen was attending the sixth grade in the Bettendorf Community School District. Prior to the sixth grade, Emily had attended private school. Teachers at the private school told Ms. Reinen that they recommended a public school for Emily's sixth grade and beyond to better accommodate Emily's academic needs. Although the private school recommended that Emily attend a sixth grade in a public school, the private school at no time suggested that Emily wouldn't be welcome to continue attending the private school for as long as she wanted.

Ms. Reinen was not familiar with the open enrollment deadlines and received advice from a private attorney and from a Davenport School Board member that the open enrollment deadlines did not apply to Emily. Ms. Reinen did not file her open enrollment application until July 23, 1999. The Board denied the application on August 9, 1999, because it was filed late without good cause. Ms. Reinen decided to go ahead and have Emily start in the Bettendorf Community School District nevertheless.

We conclude that Emily's situation does not constitute good cause for a late-filed open enrollment application as defined by the Legislature and the Departmental Rules. Emily's situation involves neither a change in family residence nor a change in the status of the District.

Although unfortunate, the evidence that Ms. Reinen received inaccurate information from her private attorney and from one of the Davenport School Board members also does not constitute an extraordinary case that cries out for State Board intervention. The Davenport School Board obviously cannot be bound by any ad-vice received from a parent's private attorney. The Davenport School Board also cannot be bound by inaccurate advice given by one of its members during a telephone conversation with a parent. A single board member cannot bind the whole board. In addition, Ms. Reinen rejected the District's offer to discuss at least five other attendance center options for Emily in the Davenport District besides Sudlow Middle School.

That the decision of the Board of Directors of the Davenport Community School District made on August 9, 1999, denying the open enrollment application of Appellant on behalf of her daughter, Emily, is affirmed.