Appellant maintained that the Board's decision should be reversed because the Board had established a precedent of approving late-filed applications. The evidence supports this position. It is undisputed that the Board approved the late-filed applications for the Petty children in 1997 and for nine students in August 1999.

In July 1997, the Board adopted a motion stating that it would "uphold the state guidelines regarding open enrollment." (July 30, 1997, Bd. Min., supra.) The State Board has previously ruled that if a board wishes to change its position regarding late-filed open enrollment applications, it must do so in a manner that is reasonable and provides sufficient notice to the parents in the district so they will be able to file their applications on time. This means that boards that have previously granted late-filed applications as a matter of policy or practice need to state clearly in the minutes of a board meeting, or in written notice to the public, that it will no longer approve late-filed applications. In re Jason and Joshua Toenges, 15 D.o.E. App. Dec. 22(1997). The Board's motion, as recorded in the July 1997 Board minutes, does not specifically state that the Board will no longer approve late-filed applications and is, therefore, insufficient notice to the public.

At its August 1999 meeting, the Board approved the late-filed open enrollment applications of nine students to attend South-east Webster for the 1999-2000 school year. The State Board has stated on several occasions that when boards grant late-filed open enrollment applications, they should record the specific and unique facts of the situation that prompted the approval. When they do this, boards will then be obligated to approve only those future, late-filed applications of the same factual nature. In re Melissa J. Van Bemmel, 14 D.o.E. App. Dec. 281(1997); In re Sharon and Derrick Swenson, 12 D.o.E. App. Dec. 150(1995). There is no evidence that the Board did this when approving the Petty children's applications in July 1997 or the nine applications in August 1999.

Because of the Board's past practice of approving late-filed open enrollment applications and the absence of sufficient public notice that it would no longer do so, the Board's denial of Appellant's application fails the test of reasonableness.

That the decisions of the Board of Directors of the Grand Community School District, made on October 20, 1999, that denied Appellant's open enrollment request is recommended for reversal.