Ziyad Alwan is an Australian citizen. His mother is American and has dual citizenship in Australia and the United States. Ziyad came to the United States to live with his uncle and attends high school at Davenport North. The coach at Davenport North asking the IHSAA for a ruling as to his eligibility. The IHSAA stated 1) Ziyad was not attending school under an approved foreign exchange program; and 2) he had not moved to the United States with his parens and therefore would be treated as any other transfer student who moves into the district from another school district without his parents moving with him.

Ziyad stated that 1)he was a permanent resident of the U.S. and not a foreign exchange study; and 2) since he had never attended school in the U.S. prior to the 1995-96 school year, it was impossible for him to have "moved from another district" as stated in Mr. Harty's second example.

The facts showed that Ziyad was attending Davenport North "primarily for school purposes" and does not qualify as a student in "an approved foreign exchange program." Appellant falls into the eligibility rules which have consistently required transfer students to sit out one semester (or 90 school days).

That the decision of the Board of Control to deny eligibility for Appellant was affirmed.