Open Enrollment Appeal Procedures (October 2014 School Leader Update)
The appropriate process that both districts must follow when they receive an application for open enrollment in cases of pervasive
harassment or a serious medical condition under Iowa Code section 282.18(5) is outlined in 281 IAC 17.5(1). Here is a
summary of the districts’ responsibilities.
Resident District Responsibilities:
- The board of the resident district shall act on the request within 30 days of its receipt.
- If the board denied the request, it has three days in which to notify the parent.
- If the board approves the request, the superintendent has three days to notify the parent and five days to notify the receiving district of the approval.
Receiving District Responsibilities:
- The board of the receiving district shall act to approve or deny the request within 30 days after receiving the approval from the resident district.
- The superintendent shall notify the parent and resident district of either the approval or denial of the application within 15 days of board action.
281 IAC 15.5(1).
The resident district must act first. The law contemplates that the resident district is in the best position to make a decision about an open enrollment application filed on the basis of the student being a victim of pervasive harassment or having a serious medical condition since the student is attending its district.
If the resident district denies the application, then an appeal can be filed. If the resident district grants the application, then it is sent to the receiving district to act. If the receiving district denies it, then an appeal can be filed. But before it can act, the board of the resident district has to act. From a procedural standpoint the receiving district cannot act to deny the application until the resident district has acted.
Please make sure you follow these procedures or the appeal could be sent back to the district to follow appropriate procedures.
For more questions on appeals see the following webpage: Appeals, appeals, and more appeals (from October 2013 School Leader Update)