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Decision Number
213
Book
21
Month
October
Year
2002
In RE
Micah Keller
Appellant
Calvin & Kimberly Keller
Appellee
Iowa High School Athletic Association
Full Text
Summary

At all times pertinent to this appeal, the Kellers have lived in Middletown, Iowa, which is located within the boundaries of the Burlington Community School District. Until the 2002-2003 school year, Appellants' son, Micah Keller ["Micah"] was open enrolled to the Danville Community School District. Due to a number of disagreements that the Kellers had with the Danville district, the family decided to transfer Micah's open enrollment for the 2002-2003 school year to the Mediapolis Community School District. Micah is presently in the 10th grade at Mediapolis High School. During the 2001-2002 school year, Micah participated in football, wrestling, and track and field. He wishes to participate in those same sports at Mediapolis during the 2002-2003 school year.

The Kellers testified, and Mr. Saggau confirmed, that Danville and Mediapolis share a cooperative wrestling program, pursuant to 281 Iowa Administrative Code 36.20. Under the terms of this administrative rule, wrestlers from these two schools are on the same team, competing in the name of the host school. The IHSAA does not dispute that Micah transferred from Danville to Mediapolis for reasons that have nothing to do with athletics. The Kellers argue that they had no desire for Micah to leave the Danville district. Because they were only acting on behalf of their son's best academic interests, he should be allowed to participate immediately in interscholastic athletic competitions and contests. In determining that Micah is ineligible to compete in interscholastic athletics for 90 school days at Mediapolis, the IHSAA Board of Control relied on 281 IAC 36.15(4), the Open Enrollment Transfer Rule.

Micah's district of residence is Burlington. However, this body has previously determined that, in an open enrollment situation where the pupil transfers from one receiving district to another receiving district, the former receiving district (now the sending district) is the equivalent of the district of residence for purposes of the above subrule. In re Mark Lee Mills, 19 D.o.E. App. Dec. 188 (2001). Accordingly, the analysis of these facts treats Danville as the district of residence. The only exception of those listed above that applies to Micah's transfer is the first exception regarding districts that jointly participate in a sport. This exception permits Micah to participate in wrestling as soon as that season begins, even though the ninety school days of ineligibility will not have ended yet. No other exception applies.

The legislative intent of Iowa Code section 282.18(13) is clear. The purpose of the statute as a whole is to give parents and their children more academic choice. Subsection (13) contains very narrow exceptions to the general rule that students who take advantage of open enrollment are ineligible to participate in interscholastic athletics for their first ninety school days of open enrollment. The application of the statute may seem unfair in an individual's case, but the policy must be applied even-handedly to achieve the goal of preventing the practice of recruiting. In re Matthew Worthington, 14 D.o.E. App. Dec. 10 (1996). With the exception of the wrestling season, Micah must serve his ninety school day ineligibility period under the open enrollment rule.

That the September 4, 2002 decision of the Board of Control of the Iowa High School Athletic Association was reversed insofar as it would have prevented Micah from fully participating in the upcoming wrestling season and was affirmed in all other respects.