During Jennifer's ninth grade year, she began to skip school and on one occasion, ran away from home. The Stocks were dissatisfied the District, i.e., its lack of communication with them regarding Jennifer's truancy, and felt the District was uncooperative when they sought assistance. Jennifer was evidentially suspended due to her truancy and the parents began to homeschool her.

The Stocks testified that Jennifer's home schooling was very successful; her grades were good; and she has a different set of friends. They applied for open enrollment for Jennifer to attend Cedar Falls High School as a home schooled/dual-enrolled student.

The District received the Stocks' application on December 28, 1998 and denied it on January 25, 1999 due to the adverse impact on the District's desegregation plan. The District's testimony during the appeal hearing made it clear requests are placed on the list in chronological order. It is also clear that this practice is advantageous to those who apply early and detrimental to those who do not. Finally, it is clear that this practice is not publicized.

The failure to follow board policy is grounds for reversal. To bring the District's practice into compliance with its regulation 501.12-R and to be fair to all applicants, we strongly urged the District to discontinue the practice of listing applicants according to the date on which the applications were received.

That the decision of the Board of Directors of the Waterloo Community School District made on January 25, 1999, denying open enrollment for Jennifer Stock, was reversed.