Appellant seeks reversal of a decision of the Burlington CSD Board of Directors which denied his "timely-filed" request for open enrollment on the basis that the transfer would adversely affect the District's desegregation plan. The evidence showed that the District followed its Open Enrollment/Desegregation Policy, and determined that the transfer of the student in this case would have an adverse impact on the Desegregation Policy. The policy applied in this appeal was designed after the policy that was upheld by Polk County District Court Judge Bergeson in Des Moines Independent School District v. Iowa Depart. of Education, AA2432, filed June 1, 1995, and Black Hawk District Court Judge Briner in Waterloo v. Iowa Dept. of Education, Case Nos. LACV075042 and LACV077403, dated August 8, 1996.

Therefore, the administrative law judge and the hearing panel recommend that the decision of the District Board rendered on January 26, 1998, which denied the Appellant's request for open enrollment for his daughter for the 1998-99 school year, on the grounds the transfer would adversely impact the District's Desegregation Plan, be affirmed.