Appellant and her family reside in the Cedar Rapids District. Her children attend private school and Marion High School. She is a nurse at the high school in Marion. Appellant applied for open enrollment for James, who attends 7th grade, and for Christina, who would be entering kindergarten. James' application was approved and Christina's was denied due to the desegregation policy of the District.

The District's policy contains objective criteria for determining when an open enrollment request would adversely affect the District's desegregation plan as required by Iowa Code section 282.18(12)(1997). Segregation of children in public schools solely on the basis of race denies the children of the minority group equal protection of the law guaranteed by the Fourteenth Amendment of the U.S. Constitution, even when the physical facilities and other "tangible" factors are equal. Race discrimination in public school is unconstitutional. The Distict had the authority to deny open enrollment to Christina because her transfer out of the District would negatively impact the District's desegregation plan.

That the decision of the Board of Directors of the Cedar Rapids Community School District made on February 10, 1997, denying Christina's application for open enrollment, was affirmed.