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Decision Number
87
Book
20
Month
October
Year
2001
In RE
Jacob & Stevie Lushinsky
Appellant
Brian & Amy Lushinsky
Appellee
Red Oak Community School District
Full Text
Summary

Appellants and their children are residents of the Red Oak Community School District. Appellants filed applications on April 10, 2001, to open enroll to the Stanton District. The Red Oak District's Board denied the applications on the basis that they were filed late without good cause. Mrs. Lushinsky testified that her children had previously been open enrolled to the Stanton District. She also stated she knew at the time she transferred the children to Red Oak that it would not be a satisfactory district due to her low opinion of its curriculum and academic standards. She testified that in December 2000, the family lost their daycare provider and could no longer get the children back and forth to school in Stanton. The children then stopped attending school in Stanton and began attending school in Red Oak.

Appellants and their children are residents of the Red Oak Community School District. Appellants filed applications on April 10, 2001, to open enroll to the Stanton District. The Red Oak District's Board denied the applications on the basis that they were filed late without good cause. Mrs. Lushinsky testified that her children had previously been open enrolled to the Stanton District. She also stated she knew at the time she transferred the children to Red Oak that it would not be a satisfactory district due to her low opinion of its curriculum and academic standards. She testified that in December 2000, the family lost their daycare provider and could no longer get the children back and forth to school in Stanton. The children then stopped attending school in Stanton and began attending school in Red Oak.

The District received Appellants' open enrollment applications on April 10, 2001, well after the January 1 deadline. The evidence showed no basis for statutory "good cause." A change in a family's daycare situation does not meet the definition of "good cause."In addition, Jacob's experience with his third-grade teacher and Mrs. Lushinsky's fears that Stevie might somehow have a similar experience, do not present cases that cry out for the State Board's intervention through subsection 282.18(18).

That the decision of the Board of Directors of the Red Oak Community School District, made on June 21, 2001, denying Appellants' open enrollment applications for Stevie and Jacob Lushinsky, be affirmed.