Appellants' children are all nonminority, kindergarten-entering students and their applications were filed timely. Their applications were denied because of having an adverse impact on the District's desegregation plan and its minority/nonminority ratio. The hearing panel sympathized with the appellants' reasons for seeking open enrollment and their attempts to provide an educational environment that they feel is most supportive of their children's needs. The controlling legal principles for these Appellants' case had already been determined by the Polk County District Court in Des Moines Independent Community School District v. Iowa Department of Education, AA2332(June 1995).

The only basis upon which the State Board could overrule any of these open enrollment denials is if the District's policy was not appropriately or correctly applied to the facts of an individual student's case.

Finding no basis in law or fact to overturn the Appellants' case, the District's decision to dany their open enrollment application is affirmed.