David currently attends Columbus, a parochial high school in the Waterloo School District. In the fall of his soph0more year, David was enrolled in the new Bunger School of Technology, which was closed after one year of operation. He had transferred to Bunger from West High School, which proved to be a "culture shock" for David. After Bunger closed, David and his parents decided returning to Wesst High School would not be good for him and they enrolled him into Columbus High School. Because of the unique circumstances surrounding the closing of Bunger, Appellant requested a waiver of the 90 school day ineligibility period.

The transfer rule at issue here, 281 IAC 36.15(5), states, "When a student transfers from a public school to a nonpublic school, or vice versa, after the start of ninth grade, without a contemporaneous change of parental residence, the student shall be ineligible to compete in interscholastic athletics for a period of 90 school days, ...." We understand the emotional upheaval this family has experienced as a result of the decisions they had to make for David's academic welfare. Although Bunger School was closed, David never competed at Bunger. It was understood that David did not choose Columbus High School because of its football or wrestling team.

Even though it may seem unfair in David situation, the policy must be applied even-handedly.

That the August 13, 1996, decision of the Board of Control of the Iowa High School Athletic Association denying David Miller athletic eligibility was affirmed