Kyle Bargfrede ("Kyle") is currently a junior attending high school in the Webster City Community School District. The Bargfrede family, including Kyle, currently lives in the Webster City Community School District. The Bargfredes moved to Webster City on January 26th or 27th, 2000. Prior to their move to Webster City, the Bargfredes lived in Ft. Dodge, Iowa.

During his freshman and sophomore years, Kyle had attended St. Edmond High School [hereinafter, "St. Edmond's"], a nonpublic school located within the Ft. Dodge Community School District. Kyle participated in St. Edmond's football, basketball, track, and baseball programs during his freshman and sophomore years. Although the entire Bargfrede family moved to Webster City on January 26 or 27, 2000, they made the decision that Kyle would complete his sophomore year at St. Edmond's. Kyle commuted the 25 miles to and from school between Webster City and St. Edmond's from January 26 or 27, until the end of the school year in June 2000. He competed on St. Edmond's baseball team during the summer of 2000. The decision of the Association's management regarding Kyle's 90-day ineligibility to compete for Webster City High School was communicated to Appellants by letter dated August 9, 322000. On September 1, 2000, the Board of Control of the Associa-tion affirmed the decision of its management, and sent its decision to Appellants by letter dated September 1, 2000. Appellants then appealed to the Director of the Department of Education. Mr. Saggau testified that on the date of the appeal hearing, Kyle was still eligible to compete at St. Edmond's.

Principal Forsythe testified that she had told the Bargfre-des in February that given the differences in the academic schedules and grading systems between the two schools, a transfer would be difficult. She testified, however, that a transfer would have been possible through the use of Webster City's standard formula used to convert credits and grades from one school to another. All of Kyle's credits would have transferred, including the ones for religion classes at St. Edmond's, which would have been transferred as electives at Webster City. Kyle's grades from St. Edmond's would have become higher as a result of the conversion. Principal Forsythe made these same statements to the Association's Board of Control at its September 1, 2000, meeting before it voted on Kyle's ineligibility.

In this case, Appellants' situation falls squarely within the language of the first sentence of the above rule. The result under rule 36.15(5)(c), however, is the same as the result under rule 36.15(3). Kyle is still ineligible to complete at Webster City High School. Kyle has transferred from a nonpublic school, St. Edmond's High School, to a public school, Webster City High School, after the ninth grade without a contemporaneous change of parental residence. It is undisputed that the Bargfrede family moved on January 26, 2000, and that Kyle transferred on August 14, 2000, nearly six months later. A six-month gap between the change of parental residency and the student's transfer means34that the two events were not "contemporaneous." Kyle is, therefore, ineligible to compete in interscholastic athletics at Webster City High School for a period of 90 school days. Earlier decisions by the Director of the Department of Education support this conclusion under Rule 36.15(c). In In re Erin Kappler, 17 D.o.E. App. Dec. 348 (1999), the Director affirmed the 90-day ineligibility of a student athlete who transferred from Durant High School (a public school in the located in Durant School District) to St. Katherine's (a nonpublic school in the Bettendorf District) without a contemporaneous change in parental residence. Id. at 350.

The 90-day period of ineligibility for students who change schools exists to prevent recruitment of student athletes by school districts and to prevent students from shopping around for schools which they believe will give them the best opportunity for their athletic career. In re Scott Halapua, 13 D.o.E. App. Dec. 394 (1996). This does not invalidate the rule. The Director of the Department of Education has refused to make an exception to the 90-day ineligibility rule in a number of cases. In re Erin Kappeler, 17 D.o.E. App. Dec. 348 (1999); In re R.J. Levesque, 17 D.o.E. App. Dec. 317(1999); In re Joshua Birchmier, 14 D.o.E. App. Dec. 243 (1997);In re Tim Ratino, 13 D.o.E. App. Dec. 249(1996); In re Scott Halapua, 13 D.o.E. App. Dec. 394 (1996); and In re Leo Sullivan, 13 D.o.E. App. Dec. 400(1996). We agree with the Association that the 90-day ineligibility rule and uniform application of the rule without exception is very important. State regulation of high school student athletic eligibility is commonplace with respect to transfer rules.

Although the evidence in the Bargfrede's appeal showed that Kyle's reasons for transferring to Webster City were not motivated by school jumping or recruitment, the Board of Control's decision was affirmed.