The Goetsches are residents of the North Linn Community School District. They have two children and applied for open enrollment for both. Their son, who will be in kindergarten, was approved because they met the June 30 open enrollment deadline for kindergartners. However, their application for their daughter, Kayla, was denied because they missed the January 1 deadline. She will be in the third grade in the 2000-2001 school year and is the subject of this appeal.

Kayla attended a non-approved, nonpublic school during her entire school career. In late January, Mrs. Goetsch received word from Kayla's teacher that there would be some program changes for grades 1-3 during the 2000-2001 school year.

Cono Christian had notified parents that it would no longer be offering a full school day and the parents would have to teach part of the curriculum at home. One can reasonably argue that such a change results in a similar set of circumstances consistent with a reorganization of the school. The information that the Goetsches received regarding changes in the program being offered are so substantial that, according to the Goetsches, Cono Christian was no longer the same school that they had selected for their daughter. After researching other educational alternatives, the Goetsches determined that the Marion Independent School District home assistance program was the preferable option for their children.

At the time the open enrollment law was written, the legis-lature apparently recognized that certain events would prevent a parent from meeting the January 1 deadline. There-fore, there is an exception in the statute for two primary groups of late filers: the parents or guardians of children who will enroll in kindergarten the next year and parents or guardians who have "good cause" for missing the January 1 filing deadline. Iowa Code ?282.18(2)(1999).

Iowa law states that "good cause" includes "?a similar set of circumstances consistent with the definition of good cause." The information received by the Goetsches regarding programs being offered at the non-approved, nonpublic school reflected substantial changes consistent with the reorganization of a public school.

RECOMMENDATION: That the decision of the Board of Directors of the North Linn Community School District, made on March 9, 2000, that denied Appellants' request for their daughter to open enroll into the Marion Independent Community School District, is reversed.