Parents appealed the closing of the elementary school at Lovilia, in the Albia CSD. A leaking boiler raised concerns among Board members and Administration. A discussion of the repair or replacement of the boiler occurred at the November 16, 1998, Board meeting. At the December 1, 1998, meeting, the Board voted to direct the construction manager to purchase a boiler for $23,779. School was still in session and the boiler was functioning during this time.

Three days after the December 1st Board meeting, the Board President called a special session for Friday, December 4, 1998. The agenda stated, among other things, "Lovilia Building & Boiler." At that time, the Board voted 4-3 to "temporarily" move the Lovilia elementary students into a wing at the high school "and cancel all present and future expenditures at the Lovilia School building." The elementary students were moved to the Albia High School to begin classes on January 4, 1999.

The Superintendent and Board President testified that they were aware of the Barker Guidelines when they recommended this course of action. They maintained that the Board was not obligated to follow the Barker Guidelines enunciated by the State Board in 1977. They argued that Barker only applies when the closure is permanent, and their motion said "temporary". At the December 14, 1998, Board meeting, parents asked the Board to reconsider. The Board refused. The parents applied for open enrollment for both the second semester of the 1998-99 school year as well as the 1999-2000 school year. The Board denied the applications for the current school year on the grounds they were untimely. The ALJ and the hearing panel found that the closing of an attendance center did not constitute "good cause". The ALJ recommends that the December 14 denial of the open enrollment applications for the current year be affirmed.

The hearing panel and the ALJ found that the "move" of the students may have been temporary, but that the closure of the Lovilia Building was permanent. Therefore, the Barker Guidelines do apply, and should have been followed.

That the decision of the Board of Directors of the Albia Community School District made on December 4, 1998, to move the Lovilia elementary students temporarily into a wing at the Albia High School, and cancel all present and future expenditures at the Lovilia Elementary School Building, is hereby REVERSED. The decision of the Bd. made on December 14, 1998, denying Appellants' open enrollment applications for the remainder of the 1998-99 school year, be AFFIRMED.