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Department of Education

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Appeal Decisions

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If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or
BOOK: 26 
MONTH-YEAR: September - 2010
IN RE: Meskwaki Settlement School for a Declaratory Order as to 281--36.15(3) (General Transfer Rule)
APPELLANT: Meskwaki Settlement School
KEYWORDS: General Transfer Rule
DETAILS: Meskwaki Settlement School (MSS) requested relief from the general transfer rule, 281--Iowa Administrative Code 36.15(3), for students who transfer from South Tama County High School to MSS. 
OUTCOMES: On September 22, 2010, the Department ordered that a student who transfers from South Tama County High School  to MSS or from MSS to South Tama for the first day of school in August 2011 at the school to which the student transfers shall have immediate eligibility to participate in varsity interscholastic athletics if the student meets all four conditions specified in the Order.                   
While nothing in federal or state law specifically states that Indian children must be granted a waiver from the interscholastic athletic transfer rules of any state, the Department believes that some relief, narrowly tailored, is warranted.  The Department also believes fundamental fairness dictates that any relief must be reciprocal between the two affected high schools.