Appellant timely filed his application for Dylan to attend the Cedar Falls District. Dylan is a minority student of Asian descent who would be attending kindergarten. Appellant visited Black Hawk Elementary attendance center, which has one Asian student. Dylan is not eligible to leave the attendance center because the building's minority percentage is more than 5% less than the District's minority enrollment.

There is no question that Appellant timely filed his request for open enrollment. However, the District has a policy which was upheld in Waterloo Comm. Sch. Dist. v. Iowa Dept. of Education, Black Hawk County District Court, Nos. LACV075042 and LACV077403 (August 8, 1996).

The Board reasonably applied its policy and regulations to this application.

That the decision of the Board of Directors of the Waterloo Community School District, made on January 28, 2002, was affirmed.