Lynda and Vernon Johnson and their four children resided on a farm in the Wellsburg-Steamboat Rock District. Three of the children were open-enrolled into the Aplington-Parkersburg Community School District. They attended school in Parkersburg. Currently, an Aplington school bus came into the Wellsburg-Steamboat Rock District and stopped in front of Krystal Meester's house. Krystal Meester was also open-enrolled into the Aplington-Parkersburg Community School District. The Johnson children were transported by their father from home, which was one mile east of the Meester residence, to the Meester stop in order that they may ride that bus to attend school in Parkersburg.

Since there was no current designated bus stop in front of the Johnson residence, they requested the District to approve a new stop, which the District declined to do at its August 16, 1999, Board meeting. The Board denied the request to add the new stop because of its policy not to add any new bus stops due to financial concerns regarding potential increase in open enrollment out of its district. The Johnsons testified at the appeal hearing that the reason they were requesting the new bus stop was for their family's convenience. Mr. Johnson farmed and got up early in the morning to do his chores. He would interrupt his farming chores twice a day to drive his children to and from the Meester stop.

Parents who open enroll their children are responsible for transporting them without reimbursement to and from a point on a regular bus route of the receiving district. Iowa Code ?282.18(10)(1999); 281 Iowa Administrative Code 17.9(1). The point must be a designated stop on the bus route of the receiving district. Given the requirement in the statute that both districts must agree before buses are allowed to enter into another district to pick up open-enrolled pupils, we interpreted this rule to mean that bus routes may be allowed to transport open-enrolled students only if both districts agree. The Wellsburg-Steamboat Rock Board did not agree to allow the Aplington-Parkersburg bus to transport open-enrolled students at an additional stop.

The Administrative Law Judge and hearing panel recommended that the Board's decision to deny Appellant's request to add a bus stop in front of the Johnsons' farm in this case which was consistent with state law and the rules of the Iowa Department of Education as interpreted in past State Board of Education decisions, be affirmed.