Appellant and her grandson, Kyle, reside in the Des Moines District. Kyle was sixteen years old and would be attending 11th grade in the 2002-2003 school year. He had a level III IEP for special education and takes medication for ADHD and depression. Appellant decided to explore open enrollment to another district due to Kyle experiencing a court-order placement into a juvenile therapeutic day hospital program. Kyle was to be transitioned back into East High School sometime during the fall of 2002, depending upon his progress.

Southeast Polk denied the application based on insufficient classroom space in their special education program. The law provides that a local board determines whether there is insufficient classroom space in a district's special education program based on the factors in the rules and the board's own policy. The evidence presented supported the Southeast Polk Board's determination.

The second issue presented was that it would be in Kyle's best interest to attend Southeast Polk. If the only consideration were with regard to Kyle himself, one could say that it might be in his best interest to go to Southeast Polk. However, Kyle is not the only child involved. We conclude that it would not be in the best interest of the resident students of the district to allow even one nonresident student to enroll in the special education program through open enrollment during the 2002-2003 school year.

That the decision of the Board of Directors of the Southeast Polk Community School District made on June 20, 2002, was affirmed.