The Davies are also concerned about academics and the general environment at Heelan, and think this will improve for Marc at North High School. Although Mr. Davies downplayed its significance in the family's decision to transfer Marc, there was an incident at school which also played a part in the decision to transfer. Marc played baseball for Heelan. During the first week of baseball practice, Marc forgot his baseball glove. The coach allowed the senior baseball players to determine Marc's punishment. These students held down Marc and forced him to chew and swallow an earthworm. The coach was present at the time, but said nothing. As would be expected, Marc was extremely upset by this, particularly when another student who had forgotten something was only required to run as his punishment. Although the family does not cite this as a major reason for the decision to transfer, it was one factor in the decision, and we note it because it is particularly offensive to the panel. It was inappropriate for the coach to allow the other students to determine the method of punishment when they obviously did not have the appropriate maturity to do so, and it is offensive that he stood by and allowed the degrading punishment to be carried out.

The Davies decided to transfer Marc to Sioux City North for the 1997-98 school year when Marc will be a senior. They asked the IHSAA to allow Marc eligibility to compete in athletics, because their main reason for his transfer was financial.

The State Board of Education has adopted rules governing student eligibility pursuant to Iowa Code sections 256.46 and 280.13(1997). The eligibility rules are contained at 281 Iowa Administrative Code 36.15. The section of those rules which specifically relates to transfers between public and nonpublic schools is at 281 IAC 36.15(5)"c". When a student transfers from a nonpublic to a public school, or from a public to a nonpublic school, the student is ineligible to compete in interscholastic athletics for 90 school days, unless there is a contemporaneous change of parental residence.

There is a general transfer rule at 281 IAC 36.15(3), which provides that a student who transfers from one school district to another school district is ineligible to compete in athletics for 90 school days unless there is a contemporaneous change in parental residence, or unless one of the listed exceptions applies. Students whose residence changes due to any of the listed exceptions are immediately eligible. 281 IAC 36.15(3)"b"(3). The rule contains a list of exceptions, none of which apply in this case, and it then contains the following more general exception at subparagraph (8): "In any transfer situation not provided for elsewhere in this chapter, the executive board [of the IHSAA] shall be empowered to exercise its administrative authority to make any eligibility ruling which it deems to be fair and reasonable. The determination shall be in writing with the reasons for the determination clearly delineated." This is the rule the Board of Control used as the basis to develop the financial hardship form for students transferring from private to public schools.

Unfortunately for the Davies, the general exception paragraph at 36.15(3)"b"(8) starts out with the phrase "In any transfer situation not provided for elsewhere in this chapter". The Davies' situation is specifically provided for elsewhere in the chapter, in rule 36.15(5)"c", which states that when a student transfers from a private to a public school, the student is ineligible for ninety school days. Therefore, the general exception paragraph cannot be used. None of the exceptions specifically enumerated in the statute or rules applies. Therefore, as much as we may sympathize with the Davies' financial difficulties, their financial situation is irrelevant to the decision which must be made in this case. We do not have the authority under the statute or rules to grant Marc eligibility based on his parents' financial situation. Iowa Code 256.46 and 280.13(1997); 281 IAC 36.15(3)"b"(8) and 36.15(5)"c". We note that the eligibility rules prohibit competition during the ninety-day period. They do not prohibit a student from practicing with the team during the ninety-day period. We encourage Marc to benefit from practice with the team during his period of ineligibility, so long as the Sioux City school officials will allow it. The Davies requested confidentiality of the financial records they submitted to the Department of Education. Pursuant to Iowa Code section 22.7(18)(1997), those financial records are confidential.

That the decision by the Board of Control of the Iowa High School Athletic Association made at their meeting on June 14 and 15, 1997, to deny eligibility for ninety school days to Marc Davies, is hereby affirmed.