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Decision Number
373
Book
26
Month
November
Year
2013
In RE
Samantha H.
Appellant
Shannon B.
Appellee
Dallas Center-Grimes Community School District
Full Text
Summary

On May 20, 2013, the Board of Directors of the Dallas Center-Grimes Community School District denied the open enrollment request that Shannon B. filed on behalf of her daughter, Samantha H. Following an evidentiary hearing, Administrative Law Judge Nicole Proesch issued a proposed decision upholding the Dallas Center-Grimes determination. In accordance with 281 Iowa Administrative Code 6.17(3), the proposed decision was submitted to the State Board of Education. After consideration and a review of the evidence, the State Board of Education vacated the decision of the Administrative Law Judge and directed the Dallas Center-Grimes district to grant the request.

When considering a student's appeal from a denied open enrollment request relating to a serious health condition, the Legislature has granted the Board "broad discretion to achieve just and equitable results that are in the best interests of the affected child". Iowa Code ? 282.18(5) (emphasis added). Based upon the record presented and in light of Samantha's serious medical condition, the Board believes that it is in Samantha's best interest to be permitted to finish her high school career in Dallas Center-Grimes, an environment where the Board believes Samantha will be better able to learn and achieve.

The decision of the Board of Directors of the Dallas Center Grimes Community School District made on May 30, 2013, denying the open enrollment request filed on behalf of Samantha H. is REVERSED.