Appellants argued that Travis should NOT be considered open enrolled to the Laurens-Marathon District. Travis is a 17-year-old who resides with his parents in the Albert City-Truesdale District. He is the oldest of 3 children. Mrs. Struss testified that she knew before May that Travis wanted to attend Laurens-Marathon but it was not until July 7 that the family filed an open enrollment request on behalf of Travis, which was approved on July 10th.

The Albert City-Truesdale Board formally announced its intention to wholegrade share its secondary students for the 2005-06 school year with Sioux Central on June 1, 2004. However, due to the number of parents applying for open enrollment out, it became clear that the high school was not going to be viable for the 2004-05 school year. On June 14, 2004, Albert City-Truesdale voted to negotiate an agreement for the 2004-05 school year with Sioux Central. This agreement was signed on June 28, 2004. The first question to be answered in this case was whether Travis intended to use open enrollment as a means to transfer from Albert City-Truesdale. The Open Enrollment Law allows a late request to be granted "at any time with approval of the resident and receiving districts." Iowa Code 282.18(16).

Iowa Code section 282.18(4)(b) grants automatic relief from the January 1 deadline and Iowa Code section 282.11 addresses the whole grade sharing agreement deadline, which is 30 days prior to the signing of the agreement by the school districts.

The September 16, 2004 decision of the Board of Control of the Iowa High School Athletic Association that Travis Struss is ineligible to compete in interscholastic athletics for 90 school days was affirmed.