Appellant's family moved to Waterloo from Creston in late November 1998. Appellant's children attended Dunkerton District through the end of the 1998-1999 school year. In December 1998, the Brandts filed an open enrollment application for Kurt for the 1999-2000 school year. Appellant was told by the superintendent of the Dunkerton District that she would not have to file an open enrollment for Nichelle since she had already attended the District on a tuition basis.

On January 15, 1999, Appellant was notified by the Waterloo District that Kurt's application would be recommended for denial. Appellant spoke with a consultant at the Department of Education who suggested that she file for open enrollment for Nichelle as well, which was received by the District on January 21, 1999. The Board met on January 25, 1999 and denied Kurt's application due to desegregation. The Board met on February 8, 1999, and denied Nichelle's application due to being filed late.

The District's practice of denying open enrollment applications under its open enrollment/desegregation policy and plan was upheld by the Black Hawk District Court in August 1996. The District has been consistent since that time in its application. Appellant was given incorrect information by the superintendent of Dunkerton. However, this does not constitute good cause as defined by the law.

We see no error in the Board's decision to deny the late-filed open enrollment application for Nichelle. The facts discovered at the appeal hearing do not show that the District's policy was inappropriately or incorrectly applied to the facts of Kurt Brandt's case. Appellant's affidavit of appeal requested clarification of "free public education".

Every Iowa child is entitled to a tuition-free, public education, but this entitlement is not unrestricted. "Every school shall be free of tuition to all actual residents between the ages of five and twenty-one years. "Resident" means a person who is physically present in a district, whose residence has not been established in another district ... and is in the district for the purpsoe of making a home and not solely for school purposes." (Iowa Code 282.6(1999)) Nonresident children shall be charged the maximum tuition rate as determined in section 282.24. (Iowa Code 282.1)(1999))

The the decisions of the Board of Directors of the Waterloo Community School District made on January 25 and February 8, 1999, was affirmed.