Garth Meinhardt was a senior enrolled for the 2002-2003 school year at Highland High School, a public school in Riverside, Iowa. He was seventeen years old. During the first week of June 2002, Garth moved to Riverside, Iowa, to reside with Mr. and Mrs. William Poch, his great uncle and aunt. They had opened up their home to Garth so that he could attend a smaller school. Mr. and Mrs. Poch were Garth's temporary custodians. This temporary custodial arrangement was pursuant to a notarized document, signed on April 23, 2002, by Lori and Joseph Meinhardt, Garth's mother and father. These documents were not part of a formal court guardianship proceeding nor were they approved by any court. Garth's parents maintained his medical insurance and Garth intended to pay for his clothing and school expenses from money he earned at his summer job in Riverside. Garth attended public high school in Bettendorf, during his freshman, sophomore and junior years. He participated in soccer, football and wrestling. He did not compete in football games after he became dehydrated before a game mid-season of his junior year. After his brief hospitalization, his coach did not play him in games even though Garth's doctor had put no medical restrictions on him. His grades were consistently high, but his class rank at Bettendorf High School went slightly down from 22 out of 416 his freshman year to 42 out of 366 his junior year. His junior year, he did not go out for soccer in the spring.Garth wanted to be immediately eligible to compete in football for Riverside High School in the fall of 2002. There was no evidence or indication that the establishment of Garth's residence with his great uncle and aunt was motivated by an improper motive such as recruiting.

On May 14, 2002, Garth wrote a letter to Mr. Saggau explaining his situation and asking for his opinion on Garth's eligibility. Mr. Saggau replied by letter on May 20, 2002, that it was his opinion that Garth would be ineligible to compete in inter-scholastic competitions at Highland High School for 90 school days. On June 9, 2002, the Board of Control of the Association affirmed the decision of its management. The decision of the Board of Control regarding Garth's 90-day period of ineligibility to compete for Highland High School under 281?36.15(3) was communicated to Garth by letter dated June 10, 2002. Garth and his parents then appealed to the Director of the Department of Education.

The primary issue before the Board of Control was the application of the Department of Education's longstanding rules relating to transfer. In its consideration of Garth's situation, the Board of Con-trol applied the General Transfer rule to the facts and reached the conclusion that Garth is ineligible to compete for 90 school days. It was undisputed that there has been no contemporaneous change of parental residence. Therefore, the 90-day ineligibility period stands unless there is an applicable exception.

The 90-day period of ineligibility for students who transfer from one school to another 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). The facts in Garth's situation show that recruitment for athletic participation did not motivate the transfer from Bettendorf to Highland. This does not invali-date 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 Travis Bass, 19 D.o.E. App. Dec. 179(2001); 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). Although the evidence in Garth's appeal showed that his reasons for transferring to Highland were not motivated by recruitment for athletic purposes, the transfer rules are applicable and controlling because the rules are reasonably related to achieving the IHSAA's purpose in deterring recruitment.

That the June 9, 2002, decision of the Board of Control of the Iowa High School Athletic Association, declaring Garth Meinhardt ineligible to compete in athletics for 90 school days at Highland High School, was affirmed.