Athletic Eligibility – Is a student eligible as a result of a change in residence?

Iowa Administrative Code (“IAC” or “Code”) Section 281-36.15(3), the general transfer rule (the “General Transfer Rule” or “Rule”) provides that a student who transfers is ineligible for a period of 90 school days unless one of the listed exceptions applies. Subsection a (1) of this Code section provides for an exception to the General Transfer Rule in cases of contemporaneous change in parental residence. If this occurs, the student is immediately eligible.

The General Transfer Rule itself is concerned not just with the residence of the student, but a “change” in the residence. This contemplates that the residency will change from one to another district. The Iowa Code defines a “resident” for purposes of determining when a child is “physically present in a district, whose residence has not been established in another district.” Again, this clearly implies that there can be only one residence. Interpreting the term “residence” to allow for multiple residences would render the General Transfer Rule meaningless and this is not permitted as a tenant of statutory construction. One cannot interpret a part of a statute in such a manner so as to render another part, and certainly the statute as a whole, meaningless.

Even with these seemingly clear requirements, proving residency for purposes of eligibility is not so clear-cut. Because there can only be one residence, the IGHSAU must determine that the family in fact has only one residence. Inquiry must be made as to what was the disposition or impending disposition of the former residence. Next, the Rule requires that the student be in the district for the purpose of “making a home.” Again, this specific language should not be disregarded. The Code did not simply require the student to be living in the district. As such, the IGHSAU must consider the various indicia of a residence being a home. These indicia should include, but not necessarily be limited to: 1) voter registration; 2) driver’s licenses; 3) homestead tax credit election; 4) nature of property rights in the district, lease versus ownership, long term lease or month to month; 5) removal of personal property to the new residence. Is the student physically present in the district for the purpose of making a home?

The General Transfer Rule also provides that in order to prove residency, the student must show that he or she is “physically present in the district for the purpose of making a home and not solely for school or athletic purposes.” Again, under basic tenants of statutory construction, one must give meaning to all of the provisions, terms and words. Clearly, the phrase “not solely” indicates that school and athletics can be a factor in making the home within the district. However, “not solely” does require that there be another reason for changing the residence and becoming immediately eligible for athletics.

Given these provisions and the language used, in order for a transfer to fall within the exception and become immediately eligible, the following must be determined:

1. Is the student physically present in the district for the purpose of making it her home? Is there evidence the student and her family are indeed physically present (e.g. rental agreement, purchase agreement, etc.)

2. Is this home a change in the parents’ residence? (e.g., see above. Is there evidence the family has only one residence?)

3. Was the change in the residence for some purpose other than school or athletic purposes? (e.g. is there evidence indicating a reason for the change in residence other than school or athletic reasons?)

Bottom line…don’t let a student participate solely because she lists an address in your district. Verify the information indicated above to ensure the student and her parents (or custodial parent in the case of a split family) have indeed completed a bona fide change in residence into your district before she is allowed to participate at the varsity level.

If any question arises when determining athletic eligibility, contact the State Office at once. Penalties for use of an ineligible athlete include forfeiture of games.