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Decision Number
381
Book
18
Month
August
Year
2000
In RE
Shawn David Crouch
Appellant
Kathy Crouch
Appellee
Anita CSD
Full Text
Summary

Appellant is the mother of Shawn Crouch. At the time of the appeal hearing, Shawn was a sixth-grader attending the Anita Community School District. Shawn is currently 11 years old and has suffered from severe bronchial asthma for the past 10 years. His condition has progressively worsened throughout his life and has now reached the point where it is life-threatening if he does not receive immediate medications and treatment, involving a nebulizer and other medical equipment.

Superintendent Crozier testified that he agreed that the Anita Community School District did not have adequate medical personnel or equipment to administer to Shawn's life-threatening needs. He stated that the District wants what is best for Shawn. The decision to deny the open enrollment application was based upon the Board's policy not to approve late-filed open enrollment applications.

The present situation presents an appropriate occasion for the use of the State Board's discretionary power under subsection 18. It was undisputed at the appeal hearing that Shawn suffers from severe asthma, which is a life-threatening condition if he is not immediately given appropriate medications by qualified medical personnel. It was also undisputed that the Anita Community School District cannot meet his medical needs. The Atlantic Community School District, on the other hand, has a full-time school nurse who can administer necessary medications to Shawn. In addition, the emergency room at the Atlantic Hospital is only two or three minutes away. Shawn's primary care physician's office is also located in Atlantic.

It is, therefore, appropriate for the State Board to exercise its authori-ty under Iowa Code section 282.18(18)(1999) to reverse the District Board's denial of Appellant's application for open enrollment for Shawn David Crouch to attend the Atlantic Community School District.

That the decision of the Board of Directors of the Anita Community School District, made on February 21, 2000, that denied Appellant's open enrollment request, be reversed.