Appellant sought review of a decision of the executive board of control [hereinafter "the Board"] of the Association made on February 4 following a hearing on February 1, that Appellant's sons would be subject to 90 school days of ineligibility for transferring schools.

The appellants are parents to four sons who attended the Saydel Consolidated School District where they had been enrolled since 1987 despite the fact the family lived in the Des Moines Independent Community School District. The boys were wrestlers and superior students.

In November 1993, the students decided all of them would transfer to Dowling High School in West Des Moines, an accredited private school. In conversations with David Harty, assistant executive director of the Association, and with Saydel Superintendent Randy Clegg, Appellant indicated that the reason for the transfer was to give Matt an opportunity to wrestle varsity in the hope of competing in the state tournament. In his contacts with the Association, Appellant was informed orally and in writing of the eligibility rules relating to transfer students (Iowa Administrative Code 281--36.15(3). Specifically, Mr. Daggy was informed that if the students transferred, they would be ineligible for 90 school days unless the entire family relocated.

Appellant paid rent for a furnished 2-bedroom apartment in West Des Moines on December 5 and enrolled his sons at Dowling on December 6, 1993. The boys went out for wrestling and some or all of them participated in at least one dual meet for Dowling. Because of telephone inquiries about the "good faith" relocation of the parents, David Harty and Al Beste of the Association, jointly and separately observed the family's living arrangements and concluded the entire family had not moved, and that the rental and boys' occupancy of the apartment was merely a subterfuge to circumvent the 90 school day ineligibility period for transferring athletes. This was due to the following reasons:1.The apartment was rented for two persons. 2.The Daggys had filed no change of address forms for mail or drivers' licenses.3.There are only three beds in the apartment, two twins and a queen. It would be difficult if not impossible for six full-sized adults to sleep in three beds.4.The family admittedly did not look hard for housing that would accommodate all six members.

The Association's Executive Board of Control upheld the initial decision to impose a 90-day ineligibility on February 1, 1994, and this appeal followed. The appellant failed to carry the burden of proving that his family relocated.

The decision of the board of control of the Iowa High School Athletic Association, imposing a ninety school day period of ineligibility on Matt, Mick, Micah, and Mack John Daggy, is hereby affirmed.