Katherine Petersen is the single parent of five-year old Samantha who would attend kindergarten in the fall of 1996. They reside in the Des Moines District, but the daycare provider resides in Altoona. Ms. Petersen has been unable to locate affordable housing in Altoona and therefore, filed for open enrollment.

The District denied Samantha's open enrollment application on February 6, 1996 on basis of the District's desegregation plan. Samantha was placed on the computerized waiting list, but was number 40. This list would only be good through June 30th, so it would be necessary to file a new application.

Although the hearing panel sympathizes with Ms. Petersen's attempt to provide an enviornment which she feels is most supportive of Samantha's needs, the controlling legal principle for this case was decided by the Polk County District Court in Des Moines Ind. Comm. Sch. Dist. v. IDOE, AA2432 (June 1, 1995).

That the decision of the Des Moines District's Board of Directors may on February 6, 1996 was affirmed