The Duncans and Feldmanns are residents of the Grand Community School District. The Duncans have one school- aged child, Becca, who attended first grade in the District during the 1999-2000 school year. She is open-enrolled to the Ogden Community School District beginning with the 2000-2001 school year. The Feldmanns have three school-aged children: Megan, 8th grade; Tony, 5th grade; and Amy, kindergarten. During the 1999-2000 school year, they attended the Ogden schools through open enrollment, and Mr. and Mrs. Feldmann transported them to and from school.

The District is in the second year of a one-way whole grade sharing agreement with the Ogden Community School District. The agreement will expire at the end of the 1999-2000 school year. Grand students who are in grades 7-12 attend the Ogden District. On March 15, 2000, the Board received the Duncans' and Feldmanns' requests that an Ogden bus be allowed to enter the District. The Board voted to deny these requests. The Duncans and Feldmanns timely filed an appeal to the State Board of Education seeking review of the transportation denials. Their appeal was based on evidence that the District had approved other open-enrolled students to be transported by the receiving districts' buses.

Superintendent Hartman testified regarding the Board's policies and practices concerning the transportation of students open-enrolled out of the District. In 1997, the Board had a policy to grant requests of this nature on a case-by-case basis. However, in March 1999, the Board adopted a revised policy which does not permit buses from other districts to enter the District for purposes of transporting open-enrolled students.

The Board's decisions were consistent with its policy, with state law and with the rules of the Department of Education as interpreted in past decisions. Therefore, there are no grounds upon which to reverse the Board's decisions.

Appellants filed a Notice of Appeal of the proposed decision, but did not follow up with a brief.

That the decisions of the Board of Directors of the Grand Community School District, made on March 15, 2000, that denied Appellants' requests to allow the Ogden bus to enter the District to transport open-enrolled children, be affirmed..