Appellant moved into the District from Ankeny during the summer of 2001. On June 22, 2001, she applied for open enrollment to Saydel where her daycare provider resides. The District considered the application timely filed, but denied the application because the departure of this student would adversely affect the composite ration of minority to non-minority students for the District as a whole.

The Des Moines District's open enrollment policy has been upheld by the Polk County District Court. That decision stated, "The District's policy does not prefer one race over another. While the policy may have differing impacts, depending on the number and race of students applying for open enrollment, it does not prefer or advance one race over another."

The evidence at the appeal hearing showed that the District's policy was appropriately applied to this application.

The decision of the Board of Directors of the Des Moines Independent Community School District denying open enrollment to Leah Haak was affirmed.