Appellant resides in the Burlington School District. Jennifer Markey is a nonminority student and will enter kindergarten in the 2002-2003 school year. Ms. Markey filed a timely open enrollment application for her daughter. The Board denied the application on June 24, 2002, because the District determined that the departure of this student would have an adverse effect on the District's desegregation plan.

The facts in the record at the appeal hearing did not show that the District's de-segregation plan and policies were inappropriately applied to the facts of Ms. Markey's open enrollment application for Jennifer. The facts also show that the Board's denial was consistent with the law and its own policy. Therefore, the Board's decision to deny this application was reasonable.

That the June 24, 2002, decision of the Board of Directors of the Burlington Independent Community School District, denying Appellant's open enrollment application for Jennifer Markey, was affirmed.