The administrators of Don Bosco High School, an accredited nonpublic school located in Gilbertville, Iowa, filed a petition requesting a waiver from rule 281 IAC 37.7. In the winter of 2001-2003, a decision ordered that four schools become new members of the WAMAC Conference. That decision concluded, "These conference realignments are binding on Petitioners and on all members of the WAMAC Conference for a period of 4 years ... pursuant to 281 IAC 37.7."

Don Bosco contends it would suffer undue hardship in two ways, disparity in enrollment figures and increased travel. Don Bosco also argued that it was the smallest member of the WAMAC Conference and its enrollment was declining. As a nonpublic school, Don Bosco is not limited by geography or district boundaries from which to draw students. It cannot be concluded that Don Bosco's enrollment has declined in a steady fashion.

The travel concerns raised are not unique to that school. Its average increased one way travel in the realignment of WAMAC was 3.4 miles greater than the conference average.

It was concluded that Don Bosco failed to show by clear and convincing evidence that neither travel or enrollment concerns constituted an undue hardship to grant the petition for waiver from rule 281-37.7.