Recently, the Des Moines School District Home School Assistance Program (HSAP) Director declared that dually-enrolled homeschooled students would be limited to participating in no more than three classes at any given time. A few families challenged the legality of this declaration and just yesterday, received word from the State Dept. of Education via the Des Moines School District's Legal Counsel and the Director of the HSAP, that the Des Moines School District can NOT limit daul-enrolled homeschoolers to just three classes.
From Leslie Dahm, DSM HSAP Director "...we finally have a definite answer (read below). The district can not have or enforce their three period dual enrollment policy. I will be sending this information to counselors and registrars today."
From Carol Greta, Legal counsel for Department of Education to Elizabeth Nigut, Legal counsel for DMPS:
"Based on the Meggan Stone case, the courts said families could not dual enroll for all but one period. That means the rule is that families must provide CPI for the equivalent of 2/8 of the day, but the student may be dually enrolled for 6/8 then.
No one has challenged the Meggan Stone appeal decision
in court, but it is highly unlikely that a challenge would be successful because the year after the Meggan Stone decision, the legislature amended 299A.8 to provide that a dually enrolled secondary student is to be counted NOT for .1 per pupil funding, but as a shared time pupil, so there's no financial impediment to districts.
So, no, the district really can't have a three class dual enrollment policy."