education pictures
Decision Number
158
Book
28
Month
November
Year
2017
In RE
Open Enrollment of T.J.U., T.R.U., T.A.M.U., T.J.U., T.L.U. and T.R.U.
Appellant
T.U. and T.U.
Appellee
WACO Community School District
Summary

The Appellants seek reversal of a May 15, 2017, decision by WACO Community School District ("WACO") Board ("Board") denying a late filed open enrollment request on behalf of their minor children. An in-person evidentiary hearing was held in this matter on September 21, 2017, before designated administrative law judge, Nicole M. Proesch, J.D., pursuant to agency rules found at 281 Iowa Administrative Code chapter 6.

The Appellants reside in the WACO Community School District ("WACO") with their six children who range between ages six to eleven. This appeal was filed on behalf of their four oldest children. T.U. testified that she was aware of the March 1 deadline. In her affidavit of appeal she admits "yes, it was late but I attempted to turn it in on March 2, 2017." T.U. testified that she later signed and dated the applications on March 2, 2017. T.U. kept the applications and did not turn them into WACO. T.U. testified that she tried to reach Superintendent Dicks several times between March 2, 2017 and March 8, 2017.

T.U. offered testimony that her four oldest children have health concerns that she does not believe the WACO is addressing. In this case, the Superintendent denied the late filed open enrollment applications on the basis that they were received after the open enrollment deadline and did not meet good cause. The overwhelming evidence presented supports the conclusion that the applications were, in fact, submitted late. T.U. now points to other reasons as good cause for missing the deadline, however the objective evidence shows that there was not good cause to miss the deadline. No evidence was presented with regard to the four older children that they were victims of harassment or had serious medical conditions that WACO was not able to address. The real issue for the Appellants is that moving the kids to Winnfield, to be at the same school with T.U., would be entirely more convenient for the family.

We have concluded that the Board correctly applied Iowa Code section 282.18 when it denied the late open enrollment applications.

For the foregoing reasons, the decision of the Board made on May 15, 2017, denying the open enrollment applications of the Appellants on behalf of their children is hereby AFFIRMED.