Appellant testified that Tayler has been diagnosed with Attention Deficient Hyperactive Disorder. According to a letter written by her doctor for the hearing, "Tayler has pre-sented symptoms consistent with the following diagnoses: 1. ADHD-com-bined type; and 2. Oppositional Defiant Disorder. "It is my understanding Tayler Jo is in a day-care situation in Urbandale that is quite structured and very accepting of her behavior-al difficulties. If Tayler Jo was allowed to be open-enrolled into the Urbandale school district for kindergarten, she could stay in her current day-care setting which has had a very positive influence in her life. Both of the parents work and transportation to the Urbandale school should be avail-able right in front of the current day-care provider's home. This ar-range-ment would simplify the transitions in Tayler Jo's life, and hopefully help to stabilize her enough to be successful in the kindergarten setting." (Dr. Took Letter date January 3, 1996.)

Appellant's application for open enrollment was timely-filed under the law even though it was filed after the October 30th deadline for grades 1 through 12. Kindergarten students have an application deadline of June 30, 1996, when they are enrolling for kindergarten during the 1996-97 school year. See, 281--Iowa Administrative Code 17.7. Mrs. Wineski's application was denied based on the District's open enrollment/desegregation policy.

Although the hearing panel sympathizes with the Appellant's reasons for seeking open enrollment and her at-tempts to provide an educational environment which she feels is most supportive for her child's needs, the controlling legal principles for this open enrollment case have already been decided by the Polk County District Court in Des Moines Indepen-dent Community School Dis-trict v. Iowa Department of Education, AA2432 (June 1, 1995). That case upheld the Des Moines District Board's right to deny timely-filed open enrollment applications that adversely affect the racial composite of the District.

The only basis upon which the State Board of Education could overrule this open enrollment case is if the District's policy was not appropriate-ly or cor-rectly applied to the facts of an individual student's case.

That the decision of the Des Moines Independent Community School District's Board of Directors made on December 12, 1995, denying the open enrollment application of Appellant Wineski was affirmed.