Appellants seek reversal of a decision of the AEA made on May 6, 2002, affirming the District's decision to charge a fee for transporting students who live within two miles of the Viola Gibson Elementary School. This school is the first new elementary school to be built in the District for more than 30 years. The properties immediately adjacent to the school are devoid of sidewalks, easements, pathways, stop lights, cross walks, under or overpasses or any other pedestrian safety device. The posted speed limit on the road in front of the school is 45; however, traffic travels an arrange of 53 miles per hour. There is only one access road. Appellants argue that their proposal for two years of free busing is a temporary measure until adequate safety measures are permanently in place.

The cost per student within the two-mile radius would be $408 per student. If there are several children in a family, the cost for the second child would be $204; and $136 for a third child. The District's transportation committee reviewed the area around the school and decided that the fee busing was warranted.

District Policy 901 states that the Board recognizes its responsibility to provide transportation to and from school for students who qualify for transportation as provided by the Iowa Code. This policy was established in 1978 and reviewed and approved in 1989, 1998 and 1999. Iowa Code section 285.12 directs the agency boards to hear and decide appeals in a transportation disagreement between school patrons and a board of a local district. The AEA boards are authorized to "enforce all laws and all rules and regulation of the Department relating to transportation.

The record shows that Grant Wood AEA's Board thoroughly evaluated the situation in addressing the transportation concerns of the Appellants. The District convinced the AEA Board that it had exercised its discretion in a reasonably way under Iowa Code section 285.1.

That the decision of the Grant Wood AEA's Board of Directors made on May 6, 2002, affirming the decision of the Cedar Rapids District's Board of Education decision to chargew a fee for transporting students residing within two miles of the Viola Gibson Elementary Building, was affirmed.