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Decision Number
74
Book
19
Month
October
Year
2000
In RE
Apollo Olango
Appellant
Bernie Brueck, Athletic Director
Appellee
Iowa High School Athletic Association
Full Text
Summary

Apollo Olango ("Apollo") is currently a sixteen-year-old junior attending high school in the Fairfield Community School District. Apollo's parents were divorced before Apollo was a freshman. Both parents currently live separately from each other in San Diego, California. During his freshman and sophomore years, Apollo lived in Fairfield with his father and attended Fairfield High School, a public school located within the Fairfield Community School District. Apollo participated in Fairfield High School's football and basketball programs during his freshman and sophomore years. On March 6, 2000, Apollo moved to California with his father, who had procured employment in the San Diego area. Apollo moved back to Fairfield during the first two weeks of July 2000. Apollo registered for his junior year at Fairfield in August 2000. He sought to complete in athletics in the Fairfield High School athletic program. He has been practicing with the football team and wishes to compete in the remaining football games and in the basketball season.

After attending San Diego High School for the remainder of the 2000 school year, his family decided it was in Apollo's best interest to return to the community of Fairfield. The environment that Apollo was introduced to was a dramatic change from that of Fairfield. Academically, his grades suffered due to the educational setting he was introduced to at his new high school. Socially, he was at risk with the lure of gangs and violence in the area. And emotionally, Apollo needed the stability he had grown accustomed to in Fairfield.

Mr. and Mrs. Farmer are residents of the Fairfield District who volunteered to take Apollo under their roof so that he could escape the detrimental environment in California. Since July of 2000, the Farmers have provided clothing, food, schoolbooks, and transportation for Apollo. He has resided in their home at no charge and is considered as part of the Farmer family. Apollo's mother still carries Apollo's medical and dental insurance, but Mr. Farmer testified that he would gladly pay for any expenses that Apollo would have. The Association decided that Apollo was ineligible to compete in interscholastic athletics under the provisions of 281?Iowa Administrative Code 36.15(3), the General Transfer Rule.

We conclude that the General Transfer Rule is the applicable rule governing this appeal because Apollo "transfer[red] from one school district to another school district." 281 IAC 36.15(3). In this case, Apollo's situation falls squarely within the language of the General Transfer Rule. Apollo has transferred from one school district, San Diego School District, to another school district, Fairfield Community School District, after the ninth grade without a contemporaneous change of parental resi-dence. It is undisputed that Apollo and his father moved from Fairfield to San Diego on March 6, 2000. It is also undisputed in July 2000, Apollo moved back from San Diego to Fairfield and that his father remained in San Diego, California. Apollo is, therefore, ineligible to compete in interscholastic athletics at Fairfield High School for a period of 90 school days.

We conclude that the General Transfer Rule is the applicable rule governing this appeal because Apollo "transfer[red] from one school district to another school district." 281 IAC 36.15(3). In this case, Apollo's situation falls squarely within the language of the General Transfer Rule. Apollo has transferred from one school district, San Diego School District, to another school district, Fairfield Community School District, after the ninth grade without a contemporaneous change of parental resi-dence. It is undisputed that Apollo and his father moved from Fairfield to San Diego on March 6, 2000. It is also undisputed in July 2000, Apollo moved back from San Diego to Fairfield and that his father remained in San Diego, California. Apollo is, therefore, ineligible to compete in interscholastic athletics at Fairfield High School for a period of 90 school days.