Jeremy's parents were divorced before he was born 17 years ago. From the time of his birth, up until two years ago, Jeremy lived with his mother in Fairfield. Prior to the beginning of the 1996-97 school year, Jeremy's mother moved to Omaha, to attend Creighton Law School. Jeremy elected to move in with his father and step-mother, who live in Ottumwa. Jeremy remained at Fairfield High School under open enrollment.

For the 1998-99 school year, Jeremy chose to attend Ottumwa High School. The evidence showed the primary motivating factors for Jeremy's desire to complete his 12th grade in Ottumwa was due to family considerations. The athletic director of Ottumwa requested a ruling from the IHSAA regarding Jeremy's eligibility. The Board of Control was to review this matter on August 8, 1998. Appellants requested the removal of Jeremy's appeal from the agenda.

Appellants and Jeremy's mother agreed to stipulate to a modifica-tion of the custody decree in order to award physical custody of Jeremy to his mother, who lived in Omaha. The order was filed on August 18, 1998. Jeremy attended the first day of classes in Omaha on August 24, 1998. He then returned home on August 25, 1998, to live in Ottumwa. On August 26, 1998, Jeremy enrolled as a senior at Ottumwa High School. The IHSAA advised Jeremy that he would be ineligible for 90-school days. The Board of Control made its decision on September 3, 1998. On September 4, 1998, Appellants obtained a temmporary writ of injunction that enjoined the IHSAA and Ottumwa School District from "restraining and/or keeping Jeremy Pumphrey from participating in interscho-lastic extracurricular activities." This injunction stood until the decision from the appeal was finalized.

Mr. Pumphrey and Jeremy truthfully testified the decree modifying custody was done for the sole purpose of obtaining an eligibility exception under 281 IAC 36.15(3)(b)(2)by interrupting the custody of Mr. Pumphrey so Jeremy could leave and then "subsequently return to live with his father." We cannot allow this type of maneuvering to circumvent the ineligi-bility period of the General Transfer Rule.

Because the issue before us did not involve a change in the student's residence, but a chnage in his choice of school districts, he must serve a 90-school-day period of inelgibility.

That the decision of the Board of Control made regarding Jeremy Pumphrey's ineligibility was affirmed.