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Decision Number
Brett Johnson
Steve Johnson
Iowa High School Athletic Association
Full Text

Appellant is a single father who was also a baseball coach for his resident school district. He and his son, Brett, had main-tained almost daily contact by phone. Brett resided with his mother in Dubuque and visited during holidays and summer vacation. Appellant requested modification of his divorce decree for additional summer visitation in order to have Brett with him during the baseball season. The Court granted Appellant's request.

Brett planned to play baseball for his father's team. Brett's mother apparently discussed his plans with the Dubuque-Hempstead High School coach who then requested a ruling from the IHSAA. Mr. Saggau testified that there was nothing in the rules to give authority to the IHSAA to grant Appellant's request because Brett was not a student in the Haywarden-West Sioux District.

When the rules conflict with the provisions of the Iowa Code, the Code supersedes those of the Administrative Rules which are promulgated to implement the Code. Those students who visit their non-custodial parent during the summer as the result of a divorce decree should be accorded the rights provided to them under Iowa Code section 256.46.

That the August 16, 1995, decision of the Board of Control to dany the request for eligibility for Brett Johnson to play baseball for his father's resident district was reversed.