Appellant and her daughter have lived in the Gilbert Community School District since Alida started kindergarten. Alida is presently in the sixth grade and has attended the Ames Community School District under open enrollment since 1991, when Appellant's application was approved. The approval, however, was only for grades K-6. At the time the open enrollment request was granted, Appellant was told orally and by a letter from the Ames District, that the application would not be approved for 12 years as she had requested "because of insufficient classroom space for open enrollment purposes at the middle school." Appellant was advised in 1991 that if she wanted to apply for open enrollment for her daughter for 7th grade and subsequent years, the decision on that application would be made based upon enrollment information available at that time. Appellant applied for open enrollment for her daughter to attend in Ames for grades 7-12 and was denied because of insufficient classroom space. 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.

Therefore, the administrative law judge and the hearing panel recommended the decision of the Board of Directors of the Ames Community School District made on November 17,1997, denying Ms. Congdon's application for open enrollment for Alida for grades 7-12, be affirmed.