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Open enrollment appeals: Applying the correct legal standard

Published February 2015

In a recent appeal to the State Board of Education, the Board remanded an open enrollment appeal back to the local school district to apply the appropriate legal standard. The case involved a student who filed an open enrollment application on the basis of having a serious medical condition that could not be adequately addressed by the school district. The administrator denied the application on the basis that it was received after the March 1 deadline, and did not review the application for good cause on the grounds asserted in the application. Thus, the State Board remanded the case back to the local school board to review the case under the appropriate legal standard.

This case is a reminder to school administrators to apply the correct legal standard when acting on an application for open enrollment on the basis of pervasive harassment or a serious medical condition. If the applicant alleges anything in the good cause section of the application, make sure you fully review the allegations, investigate the allegations with other school administrators, and apply the appropriate standard when making your decision. See the full text of the case.