The appellant seeks reversal of the June 25, 1993 decision of the Iowa High School Athletic Association executive board denying his request to waive the 90-day ineligibility period for his ward, Evan Vallance.

The student is an Australian foreign exchange student who participated in basketball and track at Urbandale during his junior year. He decided to return to the States for his senior year after having spent the summer in Australia.

The appellant stresses there were no family problems that prompted him to stay another year, nor was the decision made solely because of athletics or recruitment efforts; it was purely educational, as the student thought he might want to attend college in the States. He became the student's guardian to have firmer legal standing as in loco parentis.

His argument that the student should have full eligibility stems from the language in the Code of Iowa which says a child who does not meet residency requirements for athletic participation can participate immediately if "..the child is or has been a foreign exchange student". As of July 1, 1993, the words "or has been" was deleted, so this means the basis for the argument that the student should be eligible all year is removed.

The decision of the Iowa High School Athletic Association Board of Control to impose a 90-day athletic ineligibility on Evan Vallance is affirmed.