This is the second appeal of a decision of the District Board to permanently close the elementary school located in Lovilia. The first appeal reversed the District Board's decision on December 4, 1998, to "temporarily move the Lovilia elementary students to a wing at the high school and cancel all present and future expenditures at the Lovilia Elementary School building. The State Board found that the District had permanently closed the Lovilia Elementary School building in violation of the State Board's Barker Guidelines. In re Susan Beary, et al., 17 D.o.E. App. Dec. 1(1999).

The present appeal involves the following issue: whether the Albia Community School District Board of Directors followed the guidelines set out by the Iowa State Board of Education in In re Norman Barker, 1 D.P.I. App. Dec. 145(1977), in voting to close the Lovilia attendance center on March 9, 1999? The administrative law judge and the hearing panel heard evidence over two days of hearings and reviewed volumes of documentary evidence that was introduced. The focus of the appeal was an examination of the process followed by the District Board after December 4, 1998, through its decision to close the Lovilia Elementary School, which occurred on March 9, 1999.

Nine meetings with members of the community and school personnel generated 32 options, which were openly and publicly discussed at seven Board meetings before a final option was chosen. Detailed minutes were kept of each board meeting and published in the local newspaper. Although it did not appear that both sides actually "listened with an open mind" to the other's position ? that was not the real issue. The real issue was whether they were given the opportunity to do so. That is what the Barker Guidelines stand for. The Guidelines do not mandate that the District Board acquiesce to the wishes of those who are the most vocal at the public hearings. However, the Board must provide an opportunity for members of the public to present their views on the subject. There is no requirement that the Board agree with the dissenting opinions. But, the Board must, in good faith, provide an opportunity for public opinion to be heard. It appeared that the process leading up to the March 9, 1999, decision was dramatically different than the process that culminated in the Lovilia School's closing on December 4, 1998.

The decision of the Board of Directors of the Albia Community School District, made on March 9, 1999, to permanently close the Lovilia Elementary School, was affirmed.