Brandon is the 17-year-old son of Craig and Debra Bergman who were divorced in 1998. Their divorce decree showed that they have joint custody of Brandon and his younger sister, Amber, with the physical custody of Brandon with his father and Amber's custody with Debra. Testimony was provided that the decree has never been modified. The Warehams are the parents of Debra Wareham Bergman. Brandon's parents reside within the same school district in Texas. Mr. Bergman works many long hours and travels extensively overseas. Brandon has lived the majority of his life with his mother.

In November 2002, Brandon's mother invited an adult male to cohabit with her, Brandon and Amber. Mr. Wareham testified that this man is a man of "bad habits." Brandon had a confrontation with the man around Christmas which eventually resulted in Brandon's moving to his grandparents' home in Odebolt, Iowa in May 2003. Brandon's grandparents have been appointed guardians in Sac County District Court. Evidence showed that Brandon is a good citizen and a good student. Both parties agree that Brandon's move to Iowa was not motivated by academics or athletics.

This case is governed by Departmental rule 281--36.15(3), which is the General Transfer Rule. The administrative law judge found that none of the exceptions listged in the General Transfer Rule fit the facts of this case. She did not question that living with the Warehams may be in Brandon's best interests. In prior cases, this agency has stated that an exception to the General Transfer Rule should be made only where there has been a "significant and serious disruption of the family unit which cases a serious disfunctioning of the family unit as a whole." In re David Miller, 14 D.o.E. App. Dec. 17, 21(1996), quoting In re Scott Anderson, 1 D.P.I. App. Dec. 280, 282(1978).

The majority of courts, including the federal courts in Iowa, have ruled that there is no "right" to participate in interscholastic athletics. Therefore, it cannot be successfully argued that any student is harmed by his or her ineligibility to compete. Brandon is allowed by the rules to practice with the team and enjoy the camaraderie of his teammates. He simply may not compete with and for his teammates during interscholastic competitions for 90 school days.

That the August 28, 2003, decision of the Board of Control of the Iowa High School Athletic Association that Brandon James Bergman is ineligible to compete in interscholastic athletics at the Odebolt-Arthur Community School District for a period of 90 consecutive school days was affirmed.