Department of Education
1 Matching Record
If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or email@example.com.
March - 2016
Open Enrollment of B.P.
J.P. and M.P.
Treynor Community School District
The Iowa Legislature has given the State Board wide latitude in reviewing appeals under Iowa Code section 290.1 to make decisions that are ''just and equitable.'' Iowa Code § 290.3. The standard of review in these cases requires that the State Board affirm the decision of the local board unless the local board decision is ''unreasonable and contrary to the best interest of education.'' In re Jesse Bachman, 13 D.o.E. App. Dec. 363 (1996).
The law provides that an open enrollment application filed after the statutory deadline, which is not based on statutorily defined ''good cause,'' must be approved by the boards of directors of both the resident district and the receiving district. Id. § 282.18(5).
In this case the appellants assert that B.P. has a serious health condition that cannot be adequately addressed by the District. In these cases it is well established that an appellant seeking to overturn the local board
s decision involving a serious medical condition must meet all 6 criteria for the State Board to reverse the decision and grant the request.
In appeals of this nature the Legislature has granted the State 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 on the record and in light of B.P.
s serious medical condition, we believe that it is in B.P.
s best interest to be permitted to finish high school in ICA online academy at CAM.
The decision of Treynor Community School District Board of Directors made on December 14, 2015 denying a late filed open enrollment request on behalf of their minor child B.P. is hereby REVERSED.