Alec North is a biracial child who will be a kindergarten student in the 2001-2002 school year. The open enrollment form provided by the Iowa Department of Education does not have a racial category of biracial, multiracial, or other. The form also does not have categories of minority or non-minority. The District called Ms. North and told her that she had to choose one box or the other before it could act on the application. Ms. North then crossed out the "black" box and circled the "white" box.

The District Board denied Appellant's open enrollment application on April 23, 2001, due to the adverse affect of the departure of this student on the District's desegregation composite ratio. The District does have a policy which was upheld in Black Hawk County District Court [LACV075042 and LACV077403, August 8, 1996].

The District reasoning was that if Alec was regarded as "white" or "nonminority" student, he would be allowed to exit under the building-specific part of the District's desegregation plan, but that he still could not exit the District under the composite ratio part of the desegregation plan. Evidence at the hearing showed that if Appellant had marked "black/not hispanic," Alec would not have been allowed out because his attendance center was closed to open enrollment out by minority students.

The administrative law judge found that the District had appropriately applied its policy and regulations.