Appellant filed open enrollment for his oldest son, Nickolas, who had been attending St. Joseph, because St. Joseph's only goes up to 8th grade. Nickolas is half hispanic. Appellant had not indicated Nickolas' race on the application form.

Dr. Jeschke, representative of the District, explained Federal and State requirements to identify and count students on the basis of their race in order to prevent racial isolation or imbalance within the school district. He also testified that if Nickolas is a minority (half hispanic)and if Appellant can present evidence to that fact, then he would be approved out by the District.

That the decision of the Des Moines Independent Community School District made on November 21, 1995, was affirmed until Appellant presented evidence of Nickolas Treanor's race.