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Decision Number
11
Book
20
Month
June
Year
2001
In RE
Refusal to Issue Declaratory Ruling regarding 281--17.8(6)
Appellant
Phoenix Safford
Appellee
IDOE
Full Text
Summary

On June 22, 2001, Appellant filed a petition for declaratory order with the Department of Education. The petition substantially complied with the form required by Iowa Code chapter 17A and 281 Iowa Administrative Code chapter 3.

The precise question presented was, "When a child, currently enrolled under open enrollment in the Malcolm Price Laboratory School ["PLS"], moves from the resident district into the Cedar Falls Community School District but outside of the Price Lab attendance zone, is that child entitled to continuous open enrollment under 281 IAC 17.8(6)?"

PLS is operated by the Iowa Board of Regents, Iowa Code 265.1, and is located wholly within the boundaries of the Cedar Falls Community School District. While not a "district," PLS is a school to which a child may be open enrolled.

Cedar Falls Community School District and the Board of Regents have a policy, as stated under 282.18(15), which was implemented. The specific provisions of the Code of Iowa must be given priority over the general provisions of 281 IAC.

For the foregoing reasons, the request to issue the declaratory ruling was denied.