Ashley's parents have been divorced since 1995. Her mother remarried and moved to Grimes in January 1997. Appellant is seeking full custody and would like Ashley to attend school in the Southeast Polk District, where he teaches. Mr. Wells filed a timely application and the District denied the application at the Board meeting held on April 15, 1997.

The District has a policy which requires that students with siblings are already open enrolled out of the District be allowed to open enroll first. The District's practice of denying open enrollment applications under the composite ratio of its open enrollment/desegregation policy was upheld by the Polk County District Court Judge Bergeson in June 1995.

With respect to Ashley Wells in this case, the District staff followed the District's open enrollment desegregation policy. The staff determined that her transfer would have an adverse impace on the policy. We agree with that determination.

That the decision of the Board of Directors of the Des Moines Independent Community School District made on April 15, 1997, denying open enrollment for Ashley Wells, was affirmed.