The Appellants sought reversal of a decision that the IGHSAU Board of Directors made on September 16, 2009, finding that Christina is ineligible to compete in varsity interscholastic athletics for 90 consecutive school days under the provisions of the Open Enrollment Transfer Rule, 281 IAC 36.15(4).
Christina decided to leave HLV High School and open enroll at North English High School in an attempt to stop alleged sexual assaults. So that she could participate in varsity athletics her senior year, she attempted to receive a waiver, which was denied by IGHSAU administration. The decision was appealed to the IGHSAU Board of Directors, who also denied her request based upon their determination that Christina's transfer was actually an open enrollment.
Christina's transfer to North English High School was the result of open enrollment. The exceptions under the open enrollment law (Iowa Code ?282.18) are statutorily set, and there is no exception that allows the Board of Director's to look to the facts underlying the appeal. Christina's circumstances do not meet any of the exceptions enumerated in 281 IAC 36.15(4)a-i. and therefore the 90-day rule must be applied.
The September 16, 2009 decision of the Board of Directors of the Iowa Girls' High School Athletic Union that Christina Hayek is ineligible to compete in varsity interscholastic athletics at North English High School for a period of 90 consecutive school days is AFFIRMED.