QUESTION
state of iowa open enrollment for highschool, why is our daughter ineligible to participate is sports for 90 days? the website says they should be ok
Asked on Aug 17th, 2012 on Business Law - Iowa
More details to this question:
our school had a sharing agreement with Atlantic Iowa for 4 years. Our daughter is a Junior this year and our school decided to change their sharing agreement and go with another school. We didnot want to move our daughter again. According to the Iowa Girls Athletic Assoc site it says an exception to the 90 day rule would be if the child has attended the recieving district for one or more years prior to making application for and being granted open enrollment under a sharing or mutual agreement between the resident and the receiving district. We did that and the state iowa girls athletic assoc is telling us she still has to sit out because it means she FULLY attended classes there, which she did not however she did take 4 classes there and played soccer (which our school did not offer). It seems to me she should be able to participate.
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These kinds of issues are difficult and it is extremely unlikely that you could get judicial relief sooner than the 90 days are up. In this particular case, it seems that the outcome turns on the construction of the word "attended." The correct interpretation of this rule depends on the legislature's purpose in enacting it and the precise wording of the statute or regulation. You cannot rely on a web site for a resolution or the correct interpretation of a statute or regulation. You will need to visit with an attorney who specializes in education law or civil litigation. Again, you should not be optimistic about getting a favorable judicial outcome before the 90 days have expired.
Answered on Aug 18th, 2012 at 11:09 AM