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Decision Number
219
Book
19
Month
March
Year
2001
In RE
Lincoln Hawbaker
Appellant
Sonja Hawbaker
Appellee
Keota Community School District
Full Text
Summary

Lincoln attended Keota Community School District under kindergarten and first grade. She was homeschooled during her second-grade year. Even though the family resided in the Keota District, Appellants decided to start Lincoln's third-grade year at Mid-Prairie. They filed an open enrollment application on August 8, 2001 for the 2000-2001 school year. On September 4, 2001, the Board voted to deny the application on the basis that it was filed late without good cause.

On November 10, 2000, the Hawbakers obtained a building permit for the home they intend to build in Kalona. On November 14, 2000, the Board then reconsidered the application and denied it again for the same reason.

The issue in the present appeal is what constitutes evidence of a change in residence? For open enrollment purposes, does the change in residence occur when the parents physically move into the district or when the parents evidence intent to move into the district by obtaining a building permit? We think the answer is obvious. Under Iowa Code section 282.6, a "resident" for the purposes of tuition?free education first requires that the person be physically present in the district.

It was undisputed that the Hawbakers were physically present in the Keota District when they filed the open enrollment application for Lincoln. The evidence showed no statutory good cause for an exception to the January 1 deadline. There was, therefore, no basis for reversal.

That the decision of the Board of Directors of the Keota Community School District made on November 14, 2000, denying Appellant's open enrollment application on behalf of her daughter, Lincoln, was affirmed.