Appellant and her three daughters live in the Waterloo Community School District. The two older girls will attend high school in Hudson for the 1998-99 school year under open enrollment. Appellant's youngest daughter, who will be in eighth grade next year, was denied open enrollment under the District's desegregation policy; the portion of the policy denying open enrollment out of a building having a minority enrollment that is 5% greater than the District minority average. The older siblings were not restricted in the same way because their high school attendance center has a lower minority ratio than does the middle school. Because the District's policy has previously been upheld, and because it was appropriately applied in this case, the District Board's decision must be sustained.

The administrative law judge and the hearing panel was recommended that the decision of the Waterloo Community School District's Board made on January 26, 1998, denying Appellant's request for open enrollment under the District's desegregation policy, be affirmed.