Appellants in these consolidated appeals seek reversal of decisions of the Board of Directors of the Des Moines Independent Community School District made on January 18, February 1, February 15, and March 14, 2000, which denied their applications for open enrollment out of the District beginning in the 2000-2001 school year. The applications were denied on the basis that the departure of these students from the District would have an adverse effect on the District's desegregation plan.The Lawsons' application for open enrollment was denied on March 14, 2000, because Wallace Elementary School is closed to open enrollment and non-minority students are not allowed to transfer from the school under the District's open enrollment/desegregation policy.

Ms. Lefler's application for open enrollment was denied on January 18, 2000, because the District determined that the departure of her daughter would adversely affect the composite ratio of minority to non-minority students for the District as a whole. The Petersens' application for open enrollment was denied on February 15, 2000, because the District determined that the departure of their son would adversely affect the composite ratio of minority to non-minority students for the District as a whole.

Ms. Cunningham's application for open enrollment was denied on February 1, 2000, because the District determined that the departure of her daughter would adversely affect the composite ratio of minority to non-minority students for the District as a whole. Dr. Tom Jeschke, executive director of student services for the District, stated at the appeal hearing that because of the "sibling preference" section of the District's Desegregation plan, if Ms. Cunningham had filed her application before January 1, 2000, Monica would have been automatically approved. However, since it was filed on January 11, 2000, the District will now place Monica's name at the top of the waiting list. This sibling preference section was applied because Moore Elementary building is not closed to open enrollment for the 2000-2001 school year.

The District's open enrollment policy contains objective criteria for determining when open enrollment transfers would adversely impact its desegregation plan as required by Iowa Code ?282.18(2)(1999). The policy establishes criteria for closing certain buildings to open enrollment (Policy Code 639). The policy also includes a provision for maintaining a district-wide ratio of minority to non-minority students (Policy Code 639). The Des Moines District's open enrollment policy has been upheld by the Polk County District Court in Des Moines Ind. Comm. Sch. Dist. v. Iowa Dept. of Education, AA2432(June 1, 1995). That decision upheld the Des Moines District Board's right to deny timely-filed open enrollment applications using the building-closed-to-open enrollment provision and the district-wide composite ratio.

The facts in the record at the appeal hearing do not show that the District's policy was inappropriately or incorrectly applied to the facts of any individual student's case. Therefore, the Board's decisions to deny these applications were reasonable and in the best interest of education.

That the decisions of the Board of Directors of the Des Moines Independent Community School District, made on January 18, February 1, February 15, and March 14, 2000, that denied Appellants' open enrollment requests be affirmed.