Appellant is the mother of 3 children, but is only seeking open enrollment for her oldest son, Dustin. She filed an application in April and was denied on April 10, 1995, for being "late without good cause." Appellant claimed the District was being arbitrary and capricious because they had approved two applications during last year which were filed by two girls. Appellant claimed the District did not want to lose any more males and that's why her application was denied.

The Superintendent testified that "the Board approved the late applications trying to help somebody. They had some conversations outside of the Board meeting and the parents wished to have this happen. But the parents had kind of indicated that before school started, they would change their minds and stay."

Appellant testified that "good cause" may not have existed for her late filing, but it did not exist in previous applications that were granted by the Board. Because it granted open enrollment applications which did not meet the Board's policy definition of "good cause", Appellant contends that the Board's failure to approve her application amounted to arbitrary and capricious action.

The term, "arbitrary and capricious" means "without regard to established rules or stands." Churchill Truck Lines, Inc. v. Trans. Regulation Bd., 274 NW 2d 295, 299-300 (Iowa 1979). It implies that the decision was made upon whim, fancy, or some unarticulated preference.

That the decision of the Board of Directors of the Russell Community School District, made on April 10, 1995, was reversed.