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Decision Number
Kiley W.
Kevin and Ann W.
West Bend-Mallard Community School District
Full Text

The Appellants seek reversal of the October 18, 2011 decision of the local board of directors of the West Bend-Mallard District to deny the open enrollment request filed on behalf of Kiley.

Kiley W. is a 10th grader who resides with her parents in the Gilmore City-Bradgate Community School District. As a freshman, she attended Twin River Valley High School ("TRV") under a whole grade sharing agreement between Gilmore City-Bradgate and Twin Rivers Community School Districts. That sharing agreement ended at the end of last school year. Under new sharing agreements, students who reside in the Twin Rivers District attend high school at Humboldt, while students such as Kiley who reside in the Gilmore City-Bradgate District attend high school at West Bend-Mallard. After attending West Bend-Mallard for approximately one month, Kiley decided that she would rather be at Humboldt with her friends.

The open enrollment application filed by Kiley's parents alleged pervasive harassment by her peers. The 4 criteria regarding open enrollment requests based on repeated acts of harassment must all be met for this Board to give the requested relief. The objective evidence shows that the specific incidents of harassment were all addressed immediately. None of the incidents were repeated. There is evidence that students were making an attempt to be inclusive of Kiley. The incidents enhanced her unhappiness at West Bend-Mallard, but this Board cannot conclude that the incidents created an objectively hostile school environment for Kiley. at West Bend-Mallard High School.

We certainly do not fault parents for making family decisions, including enrollment of their children. This appeal is about whether the local school board made a mistake.The October 18, 2011 decision of the Board of Directors of the West Bend-Mallard Community School District, denying the open enrollment request filed on behalf of Kiley W., is AFFIRMED.