Appellant and his children live in the Ames Community School District. He has twins, James and Jacey, who have just completed second grade in the Ames Christian School. Ames Christian is a small school with grades K-6. Because of small class sizes, grades first and second, third and fourth, and fifth and sixth are combined. Mr. Hamblin requested open enrollment into the Gilbert School District so his twins can continue their education in a small district with each child in separate classrooms that are not combined grade levels. His open enrollment applications were denied by the Gilbert Board on the grounds that the District had insufficient classroom space to accommodate any more open enrolled students into the District. The Board has a written policy that defines insufficient classroom space and the application of the policy to the Appellant was supported by the evidence presented at the appeal.

The administrative law judge and the hearing panel recommended that the decisions of the Board of Directors of the Gilbert Community School District made on June 8, 1998, and June 24, 1998, denying Mr. Hamblin's applications for open enrollment for Jacey and James, respectively, to attend third grade in the Gilbert District for the 1998-99 school year, be affirmed.