Christi Anderson ("Christi") is currently a seventeen-year-old junior attending high school at the Prince of Peace Preparatory School, located in Clinton, Iowa. Christi lives with her parents in Erie, Illinois, which is across the Mississippi River from Clinton, Iowa. Christi and her family have not changed residences during any time that is pertinent to this appeal. During her freshman and sophomore years, Christi attended Unity Christian High School, a nonpublic school located in Fulton, Illinois. Christi participated in Unity Christian School's soccer and basketball programs during her freshman and sophomore years. Cross country was not an available athletic activity at Unity Christian.In August, 2000, Christi transferred to Prince of Peace and began her junior year there. She sought to compete in athletics in the Prince of Peace athletic program. She has been practicing with the cross country team and wishes to compete in the remaining cross country meets and in the basketball season.
The Union's management decided that Christi was ineligible to compete in interscholastic athletics under the provisions of 281?Iowa Administrative Code 36.15(3), the General Transfer Rule. The decision of the Union's management regarding Christi's 90-day ineligibility to compete for Prince of Peace was communicated to Appellant by letters dated August 21 and September 8, 2000. On August 27, 2000, the Board of Directors of the Union affirmed the decision of its management, and sent its decision to Appellant by letter dated August 29, 2000. Appellant then appealed to the Director of the Department of Education.
Appellant based his appeal on his contention that the same exception should apply to Christi since cross country was not offered at Unity Christian. We conclude that the General Transfer Rule is not applicable to this appeal because Christi did not "transfer from one school district to another school district." 281 IAC 36.15(3). Christi transferred from one nonpublic school, Unity Christian located in Fulton, Illinois, to another nonpublic school, Prince of Peace located in Clinton, Iowa. We also conclude that rule 36.15(5), entitled, "Transfers between public and nonpublic schools," does not apply. Further-more, we agree with the Union's Board of Directors that Rule 36.15(4), entitled, "Open enrollment transfer rule," does not apply.
Christi's transfer from one nonpublic school to another nonpublic school, where the first school did not offer the activity, is not explicitly provided for in Chapter 36.
We conclude that under the above rule, it is fair and reasonable to allow Christi Anderson to be eligible to compete at Prince of Peace since her prior school did not offer cross country as an athletic activity. We emphasize that we are limiting this eligibility to the specific facts of this appeal.
That the September 27, 2000, decision of the Board of Directors of the Iowa Girls High School Athletic Union, declaring Christi Anderson ineligible to compete in athletics for 90 school days at Prince of Peace Preparatory School, was hereby reversed.