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Decision Number
159
Book
25
Month
June
Year
2009
In RE
Chase Hirschauer
Appellant
Sandra J. Hirschauer, Thomas Hirschauer
Appellee
Iowa High School Athletic Association
Full Text
Summary

The Appellants sought reversal of a decision that the IHSAA Board of Control made on April 27,2009, finding that Chase Hirschauer was ineligible to compete in varsity interscholastic athletics for 90 consecutive school days under the provisions of the general transfer rule, 281 IAC 36.15(3).

After being convicted of a criminal mischief misdemeanor and wanting a fresh start with peers, Chase Hirschauer open enrolled from West Des Moines Valley High School (his school of residence) to Waukee High School prior to his junior year. Chase drove himself from home to Waukee high school, but prior to finishing his junior year, he received three moving driving violations, resulting in the suspension of his driver's license. Chase transferred back to Valley High School on March 4, 2009.

The Board of Control of the IHSAA and the Department found that the hardships faced by the Hirschauer family were created by Chase's own actions, including transportation issues following his reenrollment at Valley High School. Thus, this is not an appropriate situation for application of the "extraordinary circumstances" exception to the transfer rule.

The decision of the Board of Control of the Iowa High School Athletic Association that Chase Hirschauer is ineligible to compete in varsity interscholastic athletics at Valley High School for a period of 90 consecutive school days was affirmed.