On or about June 16, 2006, Kohl's parents filed an application requesting open enrollment to the Pleasant Valley Community School District. Their application did not provide the district with an explanation as to why they were filing their request after the March 1 deadline. During her testimony at the hearing, Kohl's mother cited only unspecified harassment as the reason for the open enrollment request; also, she stated nothing was mentioned on the application about the harassment due to concerns regarding confidentiality. There was no supporting documentation of the harassment, and there were no reports made to the district regarding the harassment.

The criteria the State Board worked diligently to create to protect students who truly have been the victims of repeated acts of harassment have not been met here for the following reasons:Timing. There was no clear way to determine whether the harassment happened after March 1, or could not have been known until after March 1, because of the lack of specific details regarding the harassment. Severity. The lack of specific details about the harassment made it impossible to determine either severity or the likelihood that any harassment would continue.Change of School. Kohl's resident district offered to transfer him to one of its other five elementary schools. There was no evidence presented as to why he would not feel safe at another school within his district.

The State Board of Education agrees with the July 10, 2006, decision made by the Bettendorf Community School District Board of Directors denying the open enrollment request for Kohl R.