The Fosters filed timely an open enrollment application for their son, Cole Foster, for the 2001-2002 school year. The Fosters' application for open enrollment was denied on February 1, 2001, because the District determined that the departure of this student would have an adverse affect on the District's desegregation plan.

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 the Fosters' open enrollment application for Cole. The facts also show that the Board's denial was consistent with the law and its own policy

That the decision of the Board of Directors of the Burlington Community School District made on February 1, 2001, that denied the open enrollment request for Cole Foster for the 2001-2002 school year, was affirmed.