The open enrollment applica-tion was filed on March 29, 2000, by her mother, Wendy Peelen. As reasons for open enrollment, the application cited harassment of Krystle by several students, a problem with block scheduling, and the desire to have her daughter attend Boyden-Hull High School. The harassment issue is the only one involved in this appeal. The initial incident of harassment occurred in eighth grade and involved the placing of dirt and weeds in Krystle's band instrument. This incident was reported by Krystle to the principal of the middle school. She identified Bryce Braaksma and Duke Dietrich as the suspected perpetrators because they called her names and had been un-pleasant to her before this incident. The principal discussed the matter with each student, and both boys denied the charges. The middle school principal nevertheless issued a warning to both Bryce Braaksma and Duke Dietrich. Krystle contends that there was consistent harassment throughout her ninth-grade year from Bryce Braaksma, Duke Dietrich, Laura Ensz and Valerie Gieser. The problems occurred primarily when traveling between classes in the halls. Krystle reported hearing remarks such as "whore," "slut," and "lesbian" made toward her. She said that these remarks were generally coming from Mr. Braaksma and Mr. Dietrich. Besides Krystle's testimony, there was evidence that these two individuals actually made the derogatory or harassing comments. One student, Renie, a friend of Krystle's, kept a diary mentioning comments from Mr. Braaksma and Mr. Dietrich, several pages of which were part of the record. In addition to Renie, two other friends of Krystle told school counselors that they had heard Mr. Braaksma and Mr. Dietrich calling Krystle names in the halls.

Krystle did not report the harassment to her parents or to school officials until after she received the March 26, 2000, e-mail. She was frightened and upset. She printed this e-mail from her computer and showed it to her mother, who then filed her open enrollment application on March 29, 2000. The open enrollment application was the first notice to the District that Krystle was being harassed. On March 30, 2000, High School Principal Joe Mueting directed Counselor Sherrie Zeutenhorst to conduct an investigation into the alleged harassment. On April 2, 2000, Krystle filed harassment complaints against each of the four students under the District's harassment policy.

The Board denied the request for open enrollment at a meeting on April 10, 2000, because it had not been filed in a timely manner. Two days later, on April 12, 2000, the District concluded that the evidence was inconclusive on whether or not harassment had occurred. After the Board reached its decision, Appellant filed this appeal to the State Board of Education. The "good cause" exception relates to two types of situations: those involving a change in the student's residence, and those involving a change in the student's school district. Iowa Code sec. 282.18(16)(1999); 281 IAC 17.4. The pattern of harassment and threats experienced by Krystle do not meet the "good cause" definition for a late-filed open enrollment application as defined by the Legislature and the Department rules. In In re Melissa Van Bemmel, 14 D.o.E. App. Dec. 281 (1997), the State Board provided guidance to districts regarding when the State Board will exercise Iowa Code section 282.18(18)(1999) in open enrollment cases involving harassment and offered six principles. Each of these principles were applied to the facts in Krystle's appeal.

In conclusion, we find substantial evidence to conclude that four out of the six Van Bemmel principles have not been met. We therefore conclude that this is not an extraordinary situation which warrants exercise of the State Board's power under section 282.18(18).

That the decision of the Board of Directors of the Sheldon Community School District made on April 10, 2000, which denied Appellant's late-filed open enrollment request for Krystle Peelen, was affirmed.