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Decision Number
338
Book
16
Month
March
Year
1999
In RE
Request for Rehearing (Revised Dismissal)
Appellant
Wayne & Anita Haug
Appellee
Springville Community School District
Full Text
Summary

A rehearing shall not be granted unless it is necessary to correct a mistake of law or fact, or for other good cause. In reviewing the records, it was found that the previous dismissal contained a misstatement of fact: The State Board has aleady affirmed the Appellee's decision not to allow the open enrollment transportation.

The statement is not technically correct because the State Board has never addressed the exact issue of the District Board's denial of the Haug's open enrollment transportation request. That is because the Haug's did not appeal the denial of their request that was made on September 20, 1995. The District Board granted Ms. Haug's request to be placed on the agenda on June 19, 1996. She again requested that the Mt. Vernon bus be allowed to come into the District. "No action was taken on the bus transportation issue since the Board had previously denied this request...".

The second issue the State Board considered was the denial of the Haugs' request to be on the August 20, 1997, board agenda. The State Board has not "squarely addressed" this issue in the two prior appeals. The these two appeals had their roots in the District Board's refusal to grant the Haugs' request for open enrollment transportation.

The present appeal is another attempt to have the position of the District Board on this matter reviewed.The Haugs' initial affidavit of appeal indicated that the issue was whether the District through its superintendent and/or board president failed to give them the opportunity to have the full board address their request for open enrollment transportation. Ms. Haug disagreed with the categorization and signed an affidavit stating the issue of the appeal was "Appellee's refusal to allow Mr. Vernon buses into the Springville District to pick up her open-enrolled children."

The question raised by this appeal is whether the District's decision not to reconsider its earlier busing issue.

Convenience of the parents is important, but it does not rise to the level of concern necessary to use the State Board's discretionary power to overturn a local district board.