Appellants have two school-aged daughters. Megan will begin third grade in the 2001-2002 school year; Tressa will begin kindergarten in the 2001-2002 school year. On May 21, 2001, Appellants filed an open enrollment application for each daughter. Megan was denied due to being filed late. Appellants appealed the Board's decision asserting that the Board had established a precedent of approving late-filed open enrollment applications. They alleged that 3 students had been approved for open enrollment in September 2000, even though their applications were filed late.

The superintendent testified that the District published notification of open enrollment deadlines in its August 2000 newsletter. He confirmed that the Board had approved 3 late-filed open enrollment application for another family, who had complained of harassment,in the District in September 2000.

The evidence supports Appellants' position. The Board has a policy requiring adherence to the filing deadlines. However, there is no recorded evidence in the minutes of the reasons why it had an exception to its policy. If a board wishes to change its position regarding late-filed open enrollment applications, it must do so in a manner that is reasonable and provides for sufficient notice to the parents in the district. There was no evidence of such public notice of policy change in this case.

The decision of the Board of Directors of the Lynnville Sully Community School District, made on May 21, 2001, denying open enrollment for Megan Watts was reversed.