Jesus was 19 years of age and had been enrolled at West High School in the Sioux City District until December 20, 2002, the effective date of his approved application for early graduation. Because of a family crisis, Jesus determined in the fall of 2002 that early graduation was his best course of action. The permission form was signed by his father, a high school guidance counselor, and the prinicipal. Jesus then moved to Mexico to be with his critically injured father. Jesus testified that his request for eligibility to play soccer was not motivated by a desire to play soccer, but to give college scouts the opportunity to see him.

Jesus was no longer enrolled as a student at West High. Accordingly, he was not taking and passing at least four subjects. The administrative law judge noted that a majority of courts, including the federal courts in Iowa, have ruled that there is no "right" to participate in interscholastic athletics. Brands v. Sheldon Comm. Sch., 671 F. Supp. 627 (N.D. Iowa 1987).

That the April 26, 2003, decision of the Board of Control of the Iowa High School Athletic Association that Jesus Tule was ineligible to compete in interscholastic athletics at West High School was affirmed.