Appellant and her children reside in the District. Her oldest child is open enrolled to the Humboldt District, where Appellant teaches. Appellant filed a timely application for open enrollment for her son, Colby, which was denied on the basis that open enrollment is not available for kindergarten preparatory programs.

Appellant chose to open enrollment Colby because the District's pre-kindergarten program is only available during the afternoon and Colby would be the only child in the program. Humboldt's program is an all-day class with a separate classroom and a separate teacher from its regular all day kindergarten program. Colby would not be the only student in this preparatory program.

The Open Enrollment Law creates a right for students to attend school outside their resident school districts if their applications are filed in a timely manner. The applicable deadline for kindergarten students is "on or before the Thursday before the third Friday of September of that school year." The statute does not limit the programs which an age-eligible child may attend through open enrollment.

The issue was whether the District's denial of Appellant's application was reasonable or not. Colby's application was filed timely. He is subject to the Open Enrollment Law . The Board's denial was unreasonable.

That the decision of the Board of Directors of the Twin Rivers Valley Community School District made on March 12, 2001, was reversed.