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Decision Number
117
Book
20
Month
October
Year
2001
In RE
Scott, Andrew, Isaiah & Joshua Clarke
Appellant
Scott Clarke Sr.
Appellee
North Kossuth Community School District
Full Text
Summary

This is the first time that this issue has been presented to the State Board of Education. The issue raised in this appeal is whether the Open Enrollment Law is available for Iowa parents who want to send their children to an out-of-state school district. Appellant and his wife, Sarah, moved into the District from the Minneapolis/St. Paul, Minnesota area on June 30, 2001. The house in which they reside is located just south of the border between Minnesota and Iowa. Mr. Clarke filed open enroll-ment applications for his four sons to attend Blue Earth Area School District, located in Minnesota, which is 15 miles north of their Iowa residence in the North Kossuth District.

The District Board denied the applications on July 16, 2001.Superintendent Gilbert testified at the appeal hearing that the Board's denial was based on its belief that the Open Enroll-ment Law (Iowa Code section 282.18) does not extend across state lines. She also testified that the District does not have an arrangement, and has never been requested to enter into an arrangement, under Iowa Code section 282.8, entitled, "Attending schools outside state."

We conclude that the Open Enrollment Law is not available to Iowa parents who want to enroll their children in schools out-side of Iowa. It was undisputed that the North Kossuth Board has not exercised its discretion under the provisions of Iowa Code section 282.8 to make a reciprocal arrangement with the Blue Earth Area School District in Blue Earth, Minnesota. The evidence showed that the Board had never received a formal request to do so. Since we concluded the Open Enrollment Law does not apply to attendance in an out-of-state school, the Board's denials of Mr. Clarke's open enrollment applications were reasonable.

That the decisions of the Board of Directors of the North Kossuth Community School District, made on July 16, 2001, denying Appellant's open enrollment applications, be affirmed.