Josh is an 18-year-old senior who attends Lewis Central High School. He attended there during his freshman year in 1997-1998 and participated in baseball and football that year. During his sophomore year, he participated in football and wrestling at Lewis Central. When Josh was 16 years old, his parents separated. It was decided that custody of Josh's two younger sisters would be with his mother. Josh was told by his parents that he could live with whichever one he chose. His mother told him he could sleep on the couch at her new apartment. His father moved to New Mexico with his girlfriend and her family.

Josh chose to move with his father but got homesick and moved back to Council Bluffs near the end of that same summer of 1999. He attended Lewis Central for about a week and didn't play football. Josh didn't feel that he had any place to live in Council Bluffs, and he missed his father, so he moved back to New Mexico and started attending Las Lunas High School where he attended for about two weeks. He was torn between feeling unwelcome in his father's new family and his homesickness for Council Bluffs. Josh began working at a fast-food restaurant until January 2000. He then moved back to Council Bluffs once gain.

In January and February 2000, Josh lived night-to-night in Council Bluffs. He rotated between his mother's apartment, his grandmother's home, and a friend's apartment. He had no financial support from either his father or mother so he worked full time. He did not go back to school during the 1999-2000 school year because he felt as if he had to support himself financially. In March 2000, Josh's father moved back to Council Bluffs. Josh testified that he tried living with his father again, but still felt unwelcome, as he did at his mother's apartment. Also in March 2000, Josh's parents received a final dissolution decree. The decree emanicipated Josh. It provided no child support and no financial support except for health insurance. Josh was 17 years old when the decree was entered.

At the beginning of the 2000-2001 school year, Josh decided to try to go back to school. By this time, he had missed his entire junior year. He dropped out during the first trimester due to bad grade. He didn't attend the second trimester at all, but attended three or four weeks of the third trimester. He again dropped out because he couldn't concentrate on academics. Finally, at the beginning of the summer of 2001, his grandmother told him that he could live with her full time and that she would support him the best she could. Josh settled down at her house permanently and enrolled into two summer school courses. He earned a B- in both courses. These credits transferred to Lewis Central. Josh also worked 44 hours per week during the summer of 2001.

By the time of the appeal hearing, Josh was attending Lewis Central with plans to graduate in May 2002. The Director of Education concluded that Josh Owens has eligibility remaining under the 8-semester rule. Because he did not attend school for 20 days of attendance in any semester of the 1999-2000 school year, he still has two semesters of eligibility remaining.

The decision of the Board of Control of the Iowa High School Athletic Association, denying Joshua Owens' athletic eligibility under the 8-semester rule was reversed