Appellant Richard Williams is the father of Bailee Williams, a nonminority student. She will be a kindergarten student during the 2001-2002 school year. The Williams family resides within the Black Hawk Elementary School attendance area of the Waterloo Com-munity School District. Bailee is currently attending the Univer-sity of Northern Iowa ["UNI"] Price Laboratory ["Price Lab"] Nursery School in Cedar Rapids, Iowa. Mr. Williams filed the open enrollment application in October 2000 for the following reasons. Bailee's father is a professor at UNI and works across the street from Price Lab. He has been conveniently able to volunteer at Bailee's nursery school. The Williams want Bailee to continue in kindergarten in the environment to which she has adjusted.Bailee is currently on the District's waiting list. Mr. Wil-liams' open enrollment application was denied on January 22, 2001. Mr. Williams then filed this appeal.

Mr. Williams argues, however, that the District's Guideline 4 of Regulation 501.12-R is unfair to parents of kindergartners who timely file their applications before the September deadline and who assume that they should have an equal chance to be approved as any other timely filed application. The District's testimony during the appeal hearing makes it clear that applications are placed on the waiting list in chronological order, based on the date on which each was submitted. It is also clear that this practice is advantageous to those who apply early and detrimental to those who do not.

This is the first time since the Stock decision that the State Board has been presented with an argument on appeal that the waiting list for Waterloo's desegregation policy is unfair because it is not random. The District has not followed the State Board's recommendation. We will not reverse the District in the present case because we can find no authority that requires the waiting lists to be random. We do, however, continue to make the recommendation that the waiting lists be random. Although neither chronological nor random lists are perfect solutions, we believe that a random list can provide every timely-filed application with an equal chance of being selected.

We conclude that the Board reasonably applied its current policies and regulations to the facts of Bailee William's open enrollment application. The family's motives for applying for open enrollment have never been considered by the Board or by the Department of Education as reasons to override a district's de-segregation policy.

That the decision of the Board of Directors of the Waterloo Community School District made on January 22, 2001, denying the open enrollment application for Bailee Williams, was affirmed.