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Decision Number
16
Book
19
Month
August
Year
2000
In RE
Gerard Tremblay
Appellant
Bonnie Tremblay
Appellee
North Linn CSD
Full Text
Summary

Appellant and her son, Gerard Tremblay, reside in the North Linn Community School District. At the time of the appeal, Gerard had just completed his fifth-grade year at North Linn. Prior to his fifth-grade year, Gerard was identified as a talented and gifted student. As early as August of 1999, Ms. Tremblay began talking to officials at the Cedar Rapids Community School District about that district's Program for Accelerated and Creative Talent (PACT). Ms. Tremblay was interested in having her son attend middle school in the Cedar Rapids District so that he could take advantage of its PACT. Ms. Tremblay works in Cedar Rapids and so it would be convenient for her to transport Gerard to school there. She has also found after-school care for Gerard in Cedar Rapids.

The open enrollment application was filed on March 22, 2000. The District Board denied her application at its meeting on April 11, 2000, on the basis that it was filed late without statutory good cause. Ms. Tremblay appealed the Board's denial of her open enrollment application.

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

We conclude that this situation does not constitute an extraordinary case that requires the Board to exercise its discretionary power under Iowa Code ?282.18(18) (1999). Appellant prefers that Gerard attend the Cedar Rapids District both for his educational benefit and for the convenience of the family. We do not dispute the validity or sincerity of this position. The evidence, however, showed that the Board followed Iowa law, departmental rules, and its own policy when it denied the application. Therefore, there is no basis in the law for reversing its decision.

That the decision of the Board of Directors of the North Linn Community School District, made on April 11, 2000, denying Appellant's open enrollment application for the 2000-2001 school year for being filed late without good cause, is hereby recommended for affirmance.