This is another case of open-enrolled students requesting bus transportation from their resident district into the sending district. Tim Shirley and his wife have three children ages 14, 10 and 9. Their 14-year-old son has a school permit to transport their other two sons to the closest regular bus route stop in the receiving district. The Hamburg Community School District Board of Directors denied the request, which is consistent with their policy of not allowing other districts' buses into their district to pick up open-enrolled students. Mr. and Mrs. Shirley felt the responsibility of transporting their younger sons to school should not be placed on their oldest son who is 14 years old and the safety of their children should take precedent in this case.

The administrative law judge and hearing panel understood the Shirleys' concern. However, the Iowa Code states it is the responsibility of the parents of open-enrolled students to provide transportation to and from the receiving district's bus route. Therefore, the hearing panel agreed with the Board and affirmed the District's denial.