Jessica and Jennifer Villegas attended school in Saydel Consolidated School District until the end of the 1995-96 school year. They moved to Illinois and attended school there during the 1996-97 school year, after their father was transferred by his company. Mrs. Villegas' parents live in Des Moines and have serious health problems. Since they were not able to live independently, Appellant and her husband and children returned to Des Moines to live with Mrs. Villegas' parents in their home. Their youngest child, Christopher, is attending kindergarten during this current school year. Appellant and her husband moved to Des Moines after June 30th which is the deadline for open enrollment applications for kindergartners and late-filed applications with statutory good cause. At the Des Moines District Board meeting on August 5, 1997, the Board denied their applications as being untimely. After hearing all the evidence, the administrative law judge and the hearing panel found that the District correctly applied its open enrollment policy.

The ALJ and the hearing panel recommended that the decision of the Board of Directors of the Des Moines Independent Community School District made on August 5, 1997, denying the Villegas' requests for open enrollment for their children to attend the Saydel District for the 1997-98 school year, be affirmed.