Appellant and her husband reside in the College Community School District with their son, Robby. They are Jewish. Robby open enrolled out of the District because he felt disenfranchised and discriminated against based on his religion. Both the sending and receiving districts approved his open enrollment request.

When Robby began attending school at Jefferson High School in Cedar Rapids on January 20, 2002, Ms. Cooper sought an athletic eligibility ruling from the IHSAA. She was told during telephone conversations that Robby would be ineligible for 90 school days. Ms. Cooper then appealed to the Director of the Department.

The IHSAA relied on Rule 281--36.15(4) in declaring Robby ineligible. Robby's situation fell squarely within the language of this rule. Therefore, he was ineligible to compete in inter-scholastic athletics for 90 school days.

That the March 15, 2002, decision of the Board of Control of the IHSAA denying Robby's eligibility for 90 school days was affirmed.