Hanno, who will be 18 years of age on October 13, 2002, is a citizen of Germany. He transferred to Southern Cal school district for the 2002-2003 school year from his home country, but is not a participant in a foreign exchange student program. According to the Dials, Hanno "showed a strong interest in participating in the extracurricular activities" offered by Southern Cal, and "decided on football as his fall sport." The Dials and Hanno shortly learned from the district's athletic director that Hanno would not have immediate eligibility to participate in football or any other interscholastic athletics because he is not at Southern Cal pursuant to a foreign exchange program.

At the hearing, Mr. Dial made it clear that he is not asking that Hanno be granted an exception from the 90 consecutive school days of ineligibility. Rather, he and his wife are asking that Hanno be allowed to participate during the period of ineligibility in non-varsity level athletics, such as competing on the sophomore or junior varsity teams. This is an issue of first impression for this agency. IHSAA relied on 281 IAC 36.15(3), the General Transfer Rule, when it determined that Hanno is ineligible to compete at Southern Cal for 90 consecutive school days.There is no question that Hanno is in the Southern Cal district without his parents. Therefore, subrule "a"(1) is inapplicable. In addition, no one is claiming that Hanno is in this country as a participant of a foreign exchange program, the exception under subrule a(4)"3". And while the legal guardianship established for Hanno with the Dials certainly is wise, giving the Dials authority to make educational and medical decisions on behalf of Hanno, the guardianship does not establish Hanno as a resident of the Southern Cal district.

The general transfer rule above does not distinguish between varsity and any other level of competition. The rule merely states that, absent an exception provided for in the rules, a transfer student "shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days." 281 IAC 36.15(3). Nor does the applicable statute, Iowa Code section 256.46, make such a distinction.

The Iowa High School Athletic Association and the Iowa Girls High School Athletic Union are the organizations defined in Iowa Code section 280.13. There are non-varsity contests or competitions that are sponsored or administered by these organizations. It cannot be said that the present wording of section 280.13 refers to only varsity competitions and contests. Therefore, the law ? as currently written ? does not give relief to Hanno and to other students similarly situated. We cannot read into the law what the lawmakers did not include themselves. It is a firm rule of statutory construction that, had the legislature intended to allow students who are otherwise eligible to participate (by virtue of their academics and their behavior) at any non-varsity level during the transfer rule 90 school day period of ineligibility, the legislature would have so acted. Legislative intent is expressed by omission as well as by inclusion. Wiebenga v. Iowa Department of Transportation, Motor Vehicle Division, 530 N.W.2d 732, 735 (Iowa 1995).

That the September 4, 2002 decision of the Board of Control of the Iowa High School Athletic Association that Hanno Jusek is ineligible to compete in interscholastic athletics for 90 consecutive school days at Southern Cal Community School District was AFFIRMED.