Skip to main content
Official State of Iowa Website Here is how you know
Decision Number
Scott Halapua
Diane Halapua
Iowa High School Athletic Association
Full Text

Appellant and her husband were getting back together, following a six-year separation. They lived together in the Cedar Rapids School District in a location which is nine miles from the Prairie High School that Scott attended last year. There was evidence to show that the additional distance, coupled with a conflict Scott had with his former football coach, prompted him to enroll in LaSalle High School, a private Catholic school, for the 1996-97 school year. Although LaSalle is located in the Cedar Rapids Community School District, Scott's resident district, he is prevented from competing in football and wrestling until he served a 90-day period of ineligibility. Scott was ineligible to compete in interscholastic athletics under the provisions of 281?Iowa Administrative Code 36.15(4). Basically, that Rule prohibits students in grades 10 through 12 whose transfer of schools is the result of open enrollment, to compete in interscholastic athletics (although they may practice with the team), during the first 90 school days of transfer. There are exceptions to this Rule, but those exceptions are not applicable to Scott's situation. Therefore, Ms. Halapua sought a waiver of the 90-day period from the Board of Control.

By letter dated September 5, 1996, Mr. Saggau formally notified Appellant that her appeal for a "waiver" had been denied by the Board of Control. In addition, he advised her that "there has never been an exception made in the Open Enrollment Rule." Appellant then appealed to the Director of the Department of Education.

In the present case, the reasonableness of the open enrollment transfer rule is not being questioned by the Appellant. Neither is there any dispute about the fact that Scott's situation does not come within the purview of exceptions (a) through (i) of the Open Enrollment Transfer Rule. Under these circumstances, we have to agree with the Board of Control's determination that Scott must serve his 90-day ineligibility period under the Open Enrollment Transfer Rule.

That the September 5, 1996, decision of the Board of Control of the Iowa High School Athletic Association, denying eligibility for 90 school days to Appellant's son, Scott Halapua, was affirmed.