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Decision Number
74
Book
20
Month
August
Year
2001
In RE
Samuel Stuelke
Appellant
Dixon Stuelke
Appellee
Waterloo Community School District
Full Text
Summary

Appellant wanted his son to attend the Price Lab School, which is located wholly within the Cedar Falls District. The Waterloo District denied his application on the basis that the departure of the student would have an adverse impact on its desegregation plan.

Several educators from Price Lab wrote letters noting that Samuel was a child with risk factors, including poverty and divorced parents. Appellant has 3 other children under open enrollment who attend Price Lab. While not a "district," Price Lab is a "public school" to which a student may transfer under open enrollment. The continuation provision under Iowa Code 282.18(9) also applies to students who want to continue attending a lab school.

To deny Appellant's request to continue Sam's education in a laboratory school which Sam attended as an age-e;igible student in 2000-2001 would be contrary to Iowa Code sections 282.18(9) and (10), which "seek to avoid interruption in the child's educational program." The Legislature did not condition this "option" upon the filing of an open enrollment application by January 1.

That the decision of the Waterloo Community School District's Board of Director's made on January 22, 2001, was reversed.