Thursday, July 24, 2025

Open Enrollment Blues?

Recently, I’ve received several calls from parents of elementary and secondary-age children who said they filed open enrollment applications before the March 1 deadline for the 2025-2026 school year. They thought their children would be automatically eligible to begin attending the requested school district next month, and were shocked when their applications were rejected. They wanted to know whether a school district could legally refuse to open-enroll a student whose application had been filed on time. In each instance, the answer was “yes.”  An Iowa public school district may reject a timely-filed open enrollment application for a variety of reasons, including the following:  

Insufficient Classroom Space: A receiving district may deny an open enrollment application if it determines there isn't enough classroom space to add another student. Each Iowa school district is required to adopt a policy defining "insufficient classroom space," and may include factors related to grade levels, pupil-teacher ratios, available facilities, and financial resources. See Iowa Admin. Code rule 281-17.6.

Disciplinary Status: A student who has been suspended or expelled in the resident district can't transfer to another district until the student has been reinstated in the resident district. If the student applies for reinstatement but is not reinstated, the district may deny the transfer request. See Iowa Code § 279.82.

Sex Offender Status: If a student has been required to register as a sex offender, the school board must determine the student’s educational placement, may deny open enrollment. See Iowa Code § 282.9.

Special Education Program Availability: If a student requires special education, the receiving district may deny the application if it cannot provide an appropriate special education program. This determination is made in consultation with the resident district and area education agency, and the decision is subject to procedural safeguards. See Iowa Admin. Code rules 281-17.2 and 281-17.10.

Court-Ordered Desegregation: Although none of the resident or requested school districts of the parents who called me were subject to a court-ordered desegregation plan, because this is mentioned in the law, I want to mention that if a resident district is subject to a desegregation order, the superintendent may deny an open enrollment request if it would negatively affect the implementation of that order. I would add that some exceptions exist, and denials may be appealed to the school board, and a board denial may be appealed to the Iowa District Court. See Iowa Code § 282.18; Iowa Admin. Code rules 281-17.2 and 281-17.6.

Homelessness: Although none of the children of the parents who called me were homeless, I want to mention that homelessness isn’t a basis for denial. However, if a homeless student isn't placed in the district requested by the parent or guardian in the open enrollment application, the resident school district must provide a written explanation and notice of appeal rights. See Iowa Admin. Code rule 281–33.7.

Please bear in mind that the information above applies to applications submitted by or before the annual March 1 open enrollment deadline. School districts may reject a late application (one filed after the March 1 deadline) unless there is “good cause,” such as repeated harassment or a serious health condition the resident district can’t adequately address. Denials in such cases may be appealed. See Iowa Code § 282.18.

For more information, you may read the new guidance published less than two weeks ago by the Iowa Department of Education, at https://educate.iowa.gov/media/10193/download?inline