During the 2019-20 school year, C.M. experienced at least two incidents of unprovoked physical attacks. Both incidents resulted in disciplinary action and increased supervision for the student. Mallinger submitted a late filed open enrollment that was good cause based on pervasive harassment. The application was reviewed by the Des Moines School Board and denied. Appeal was filed time. At hearing, the District argued that it can move C.M. to another school within the District.

The decision of the Board on July 7, 2020, denying Mallinger's open enrollment application for C.M. is affirmed.