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Decision Number
216
Book
25
Month
January
Year
2010
In RE
Ryan Brown
Appellant
Sara Riley
Appellee
Iowa High School Athletic Association
Full Text
Summary

Ryan Brown's parents divorced in 1997; he has at all times been in the custody of his mother, who resides in Cedar Rapids. Ryan was a student at Xavier High School prior to and at the start of the 2009-10 school year. Early in September of 2009, Ryan and his mother became unhappy with the Xavier administration, and initially planned for Ryan to transfer immediately to Washington High School in the Cedar Rapids Community School District. They became aware that Ryan would miss out on much of the upcoming varsity wrestling season, per transfer rule 281?36.15(3). On or before September 21, Ryan flew to Beaverton, Oregon to live with his father. He was enrolled in a high school in Oregon for three days, and returned to Iowa on September 28, whereupon he enrolled at C.R. Washington. The Appellant argued that, as a child of divorced parents, Ryan has a right to immediate eligibility at any time he moves between his parents' homes, citing the exception in rule 36.15(3)"a"(4)(8) regarding a child who "is living with one of the child's parents as a result of divorce, separation death, or other change in the parents' marital relationship, or pursuant to other court-ordered decree or order of custody." The Director ruled that Ryan did not go to Oregon "as a result of divorce" or pursuant to a court order. The exception does not apply to these facts.

The decision of the IHSAA that Ryan Brown is ineligible to compete in varsity interscholastic athletics for 90 consecutive school days is affirmed.