The Matlocks filed for open enrollment for Scott in July 2002 for the 2002-2003 school year. They asked that Scott be allowed to open enroll due to the safety and education of Scott. In the course of the hearing, it became apparent that the Chariton District denied the application solely because it was filed "untimely."

Iowa Code section 282.18 was changed, effective July 1, 2002, to provide for two exceptions. The exception pertinent to this matter is where the application alleges that the student has been "the victim of repeated acts of harassment." Because of the natural confusion caused, the Chariton board did not undertake to analyze this application udner the criteria for harassment cases.

That this matter was remanded to the Chariton District to reconsider the application using the principles developed by the State Board for open enrollment cases involving alleged harassment.