This is the first time the State Board has addressed the denial of a request to open enroll under the continuation provision of Iowa Code section 282.18(9) (1999). That provision allows a child "who is not currently using any provision of open enrollment" to have the option of remaining "in the child's original district of residence under open enrollment with no interruption in the child's educational program." (Emphasis added.)

Appellants moved from Ames into their home in the United Community School District in April 1998. Their two children were allowed to complete the school year in Ames under the continuation provision of the Open Enrollment Law. They had filed their applications for continuation with the United District. Appellants had intended to send their children to Gilbert for the 1998-99 school year under the whole grade sharing agreement the District had with Gilbert and Boone.

In July 1998, the District held hearings on its new whole grade sharing agreement that would include only Boone, not Gilbert. Appellants opposed the proposal. In August 1998, Mr. Jensen and his two children moved into the Gilbert District to live with his aunt and uncle. The children were enrolled in Gilbert. Five weeks later, Mr. Jensen and the children moved back to their home in the United District. On October 27, 1998, the Jensens filed open enrollment applications with the United District so their children could "continue" to attend in Gilbert. The applications were denied because the District's secretary noted that the Jensens' address had not changed from what it was in April 1998 when they had filed to continue their open enrollment in the Ames District.

The administrative law judge found that the District Board correctly denied the open enrollment requests under the continuation provision that allow the child to remain in the original district of residence. Since the Jensens had never established a bona fide residency in Gilbert, the children had no right to remain there.

The decision of the Board of Directors of the United Community School District made on November 12, 1998, denying open enrollment for Ashley and Jared Jensen for the 1998-99 school year, was affirmed.