Appellants' five children attend three different schools in the Waterloo District. They wanted them all to attend the Price Lab School in Cedar Falls. Their open enrollment applications were timely filed. All of the children are nonminority students. The applications were denied on November 27, 1995, due to the adverse effect on the District's desegregation policy.

The students all attend buildings within the District which were not closed to open enrollment on the building level. The controlling legal principles have already been decided by the State Board in the case of In re Megan, Mindy & Drew Engel, et al. "Is it necessary that the District maintain not only the ratio balances in the building ... but also the 3:1 ratio of nonminority to minority students? We think not."

"In summary, we find that the District Board's new desegregation provision of its open enrollment law is too broad a net ... . Because we believe that both of the 'rights' under open enrollment law need to be given weight, and the policy before us places undue weight on a manufactured goal of maintaining the current District wide minority percentage to the diminution of the parental choice right, the policy must fall."

That the decision of the Board of Directors of the Waterloo Community School District, denying the Johnson children's applications for open enrollment, made on November 27, 1995, was reversed.