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Decision Number
697
Book
27
Month
January
Year
2016
In RE
Open Enrollment of M.R.
Appellant
K.R.
Appellee
Clear Creek-Amana Community School District
Summary

The sole issue in this appeal is whether the CCACSD Board erred by denying the late filed open enrollment application. 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 the Board to reverse a local decision and grant such a request.

Open enrollment appeals of this type are not about a family's right to transfer their children to other school districts. A transfer may be made even though open enrollment is denied. The approval, or denial, of open enrollment does affect payment for the student's education. When a student transfers to a nonresident school district under open enrollment, the district of residence must pay for the student to attend the receiving district. When a student transfers to a nonresident school district outside of the open enrollment process, the nonresident district must charge the student tuition.

Parents are free to make the decisions they deem to be best for their children. We do not fault K.R. for her decision to enroll M.R. in SCSD and the outcome of this appeal does not limit M.R.'s ability to attend SCSD.

Our review focus is not upon the family's decision, but on the local school board decision. The issue for review here, as in all other appeals brought to us under Iowa Code section 282.18(5), is limited to whether the local school board made error of law in denying the late-filed open enrollment request. We have concluded that the CCACSD Board correctly applied Iowa Code section 282.18(5) when it denied the late open enrollment application filed on behalf of M.R. Therefore, we must uphold the local board decision.

The decision of the CCACSD Board made on August 19, 2015 denying the open enrollment application of K.R. on behalf of M.R. is hereby AFFIRMED.