Appellants' daughter is in the first grade and the family resides within the Four Mile Elementary attendance center area. Mr. Wieden has 2 children from a previous marriage who reside with their mother in the Willowbrook Elementary attendance area. Mr. Wieden has joint legal custody but the primary physical care is with their mother. Appellants want all the children to attend the same elementary building. Their request was denied on September 18, 2003 due to insufficient space.

Appellants argued that the District applied the pertinent law and policies unlawfully and violated its own policies; that the local Board abused its discretion and that the Board violated the Wiedens' rights to equal protection and due process.

A key position of the Wiedens was that keeping siblings together is a factor that should be deemed relevant by the superintendent or board. The District countered that it made more sense for "residence" of the child to be used as the basis for transfer decisions. We agree and conclude that the District did not abuse its discretion.

That the decision of the Board of Directors of the Southeast Polk Communit School District made on September 18, 2003 was affirmed.