The Kappeler family had lived at the same Durant address during the entire time that is relevant to this appeal. Erin's parents transferred her to St. Katharine's because they felt that there are substantially greater academic opportunities available there than at Durant. St. Katharine's does not have its own cross-country program, but has a cooperative sharing agreement with Bettendorf Community School District. Erin sought to compete in athletics in the Bettendorf High School program.

The Union deemed Erin ineligible to compete under the provisions of 281 IAC 36.15(3).The Board of Control deny Erin on September 30, 1999. The administrative law judge foudn that the applicable rune governing this appeal was 281 IAC 36.15(5)(c). The 90-school days of ineligibility for students who change schools exists to prevent recruitment of student athletes and to prevent students from shopping around for schools they believe will give them the best opportunity for their athletic career. These circumstances did not exist in Erin's case. However, this does not invalidate the rule.

That the September 30, 1999, decision of the Board of Control of the IGHSAU denying Erin Kappler eligibility to compete in athletics for 90-sch00l days was affirmed.