The appellants seek reversal of a decision rendered by the Girls' Union Executive Board ("the Board") to impose a 90-day athletic ineligibility period for students who transfer after ninth grade.

The appellants live in Hartford, South Dakota, with their son and another daughter. To encourage Danica's postsecondary education plans of getting an advanced degree in medicine at the University of Iowa, the family decided during her junior year to establish Iowa residency by having her live with her grandparents in Eagle Grove, IA. As of the end of December, no guardianship papers had been filed. At the time of the hearing, she was attending school full time and practicing with the girls' basketball team after being prohibited from participating in interscholastic competition.

When Appellants initially learned of the ineligibility, they met with the Union officials, exercised their right to review before the Board, and the Board upheld the original decision.Iowa Administrative Code 281--36.15(3)states, "36.15(3) General transfer rule. A student who transfers from a school in another state or country or from one member or associate member school to another member or associate member school shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, ... unless one of the exceptions listed ...applies ... a) In ruling upon the eligibility of transfer students, the executive board is empowered to consider the factors motivating student changes in residency. Unless otherwise provided in the rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes ..." The Department has not historically adopted this view, as it could create a steady stream of transfer students--athletes or nonathletes--moving to Iowa to establish residency for college, expecting free public high school education and reduced-tuition college education.

The appellants argued that the transfer was to establish residency for college, and thus is beyond concern regarding "school purposes"; in addition, there was no evidence or allegation of recruitment, so the student should be free from the above-referenced rule. The Department has adopted a general rule for transfer ineligibility and does not engage in a case-by-case determination.

The decision issued by the Board imposing a 90-day ineligibility period is affirmed. The period starts with the first day of attendance at Eagle Grove High School.