Appellants filed for an open enrollment application for Brendan on May 11, 2001. Appellant Granger testified that her employment status changed in April 2001, from part-time to full-time. She fears Brendan may experience the same type of harassment that his older brother, Desmond, experienced on the shuttle bus prior to his open enrollment in 2000.

The superintendent testified that the Board had in the past approved late-filed open enrollment applications on a case-by-case basis. However, on December 21, 2000, the Board's revised policy was read on an "emergency first and second reading". Appellant Granger was present and participated in that Board meeting.

Appellant Granger testified that she knew about the open enrollment deadlines. She did not file the application for Brendan until May 2001, after she learned that her employment status would change from part-time to full-time. Also, she didn't know for sure where the attendance center for third grade was going to be until after the January 1 deadline.

The Board read its revised policy to change its past practice and policy at its December 2000 meeting and Ms. Granger attended that meeting. She had actual knowledge of the Board's change of policy before the January 1 deadline and knew about the teasing before January 1, but did not file the application until May7, 2001. Therefore, the Appellants were not justified in expecting that their late-filed application would be approved.

The decision of the Board of Directors of the Boyer Valley Community School District, made on May 21, 2001, denying open enrollment for Brendan Grady, was affirmed.