Between July 1, 2001 and January 1, 2002, the District received 141 application for the 2002-2003 school year. 128 nonminority students applied. Of the 128, 20 nonminority students were determined to be ineligible because they were assigned to a building that was closed to open enrollment. This left 108 students for 31 slots. All of the Appellants' children were placed on the waiting list. Their applications had been denied on January 22, 2002.

The Des Moines District's open enrollment policy has been upheld by the Polk County District Court in Des Moines Independent Comm. School District v. Iowa Dept. of Education, 112432 (June 1995). The record at the appeal hearing did not show that the District's policy was inappropriately or incorrectly applied to any individual student's case.

That the decisions of the Board of Directors of the Des Moines Independent Community School District, made on January 22, 2002, denying the applications of the Appellants' children, was affirmed.