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Decision Number
Anneliese Z.
Christa C.
Des Moines Independent Community School District
Full Text

The Appellant, Christa C., seeks reversal of an August 20, 2013 decision by the Des Moines Independent Community School District Board of Directors ("DM Board") denying a late filed open enrollment request on behalf of her minor daughter, Anneliese Z. The application alleged pervasive harassment.

The State Board is not in a position to second guess or overlook the technical requirements for appeal set by the Legislature. Since, the requirements of the statute were not met, the State Board lacks jurisdiction to hear the appeal.

The State Board applies established criteria when reviewing an open enrollment decision involving a claim of repeated acts of harassment. All of the criteria must be met for this Board to reverse a local decision and grant such a request. Because the evidence fails to meet the second, third, and fourth criteria, the board does not analyze the first criterion.

This case involves a resident district with multiple attendance centers. The District here offered to discuss enrollment for Anneliese to three other attendance centers or to enroll her in the home school assistance program in the district. Urbandale Community School District was just up the road from her residence and therefore, Annaliese could walk to school and the appellant would not incur the cost of transportation. We conclude that convenience is the primary concern behind the open enrollment request. Thus, this appeal would fall short on the fourth criterion as well.

While the board is certainly sympathetic to the situation Annaliese is experiencing, this is not the type of case foreseen by Legislature when it created an open enrollment remedy for students who have been victims of repeated acts of harassment.

The appeal is dismissed.