After Eric and his parents moved from Des Moines to Johnston a year ago, Eric and his older brother decided to continue attending Roosevelt High School in the Des Moines Independent School District and participated in football there. Eric's older brother graduated and transportation back and forth to Roosevelt High School has become a problem.

The Quiners' argued that the Board of Control is allowed to consider factors that motivate the student's change in school. Under this test, the Board and the Department of Education should consider that Eric is not moving because he's been recruited. Therefore, the policies underlying the ineligibility period do not apply to Eric.

The Association and the Board have long held that the rules requiring ineligibility stem from two concerns: recruting of athletes and family decisions to change schools for athletic purposes. It was because of the innocent oversight on behalf of both the Des Moines District and the Appellants by their failure to observe the notice requirement of the Open Enrollment Law that Eric was able to continue at Roosevelt after his parents had moved to Johnston. The fact that there was no formal filing of an application for continuation under the Open Enrollment Law does not change this result.

That the decision of the Board of Control made on June 14, 1998, denying eligibility to compete in athletics to Eric Quiner was affirmed.