The appellants seek reversal of a decision by the Exira Community School District board, denying their request to enter into an agreement with Audubon Community School District for the purpose of transporting open-enrolled students to Audubon.

The appellants contracted with Western Iowa Transport to "bus" their open-enrolled children to Audubon School District. The van often leads or follows a bus transporting students with special needs to Audubon for their program, as Exira does not have appropriate program needed. The appellants were exasperated by having to purchase transportation services and have their "open enrollment" van follow behind an almost empty District school bus.

In 1992, Audubon formally requested permission to enter Exira district at a central point to bring some Audubon open enrolled student to, and pick up open enrolled students from, Exira. The district denied the request. The appellants argue that the District was treating open enrolled in students differently that open enrolled out students, and that their students safety should be taken into consideration. They felt it would be safer for the children to be in a bus, since the route included crossing three sets of railroad tracks.

The law gives districts the option to allow transportation across boundaries but does not require it. The State Board has often repeated that it is not free to reverse the action of a local board "absent proof that it was made arbitrarily, capriciously, without basis of fact, upon error of law, without legal authority, or unless it constitutes an abuse of discretion". It appears to be an established precedent that if a school board declines an invitation to enter into a transportation agreement with neighboring districts, and it has a valid reason for the denial, and if a student's particular safety situation is not serious enough to override the district's decision, the decision will not be disturbed by the State Board.

The appellants have not carried the burden of proof regarding their safety argument, which was unaccompanied by evidence. Their assertion that their children should be on the same bus as the students with special needs fails as well, as it would be asking the district to increase its transportation costs for a full-sized bus.

The decision made by the Exira Community School District board not to enter into a open enrollment transportation agreement with Audubon Community School District is affirmed.