High School a Time for Plays of All Kinds
April 2, 2015
By Jack Roberts
MHSAA executive director
At end of season or school year banquets attended by student-athletes and their parents, I often tell this short story about my mother that never fails to get a good laugh, especially from mothers:
“At the end of my junior year of high school I attended the graduation ceremony for the senior class on a hot and humid early June evening in our stuffy high school gymnasium. The bleachers on each side were filled to capacity, as were several hundred folding chairs placed on the gymnasium floor.
“The public address system, which was wonderful for announcing at basketball games or wrestling meets, was awful for graduation speeches. Person after person spoke, and the huge audience wondered what they had to say.
“I was present because I was the junior class president; and as part of the ceremony, the senior class president handed me a small shovel. It had something to do with accepting responsibility or carrying on tradition.
“In any event, the senior class president spoke briefly; and then it was my turn. I stepped to the podium, pushed the microphone to the side, and spoke in a voice that was heard and understood in every corner of the gymnasium.
“Whereupon my mother, sitting in one of the folding chairs, positioned right in front of my basketball coach – who had benched me for staying out too late on the night before a game, because I had to attend a required school play rehearsal – my mother turned around, pointed her finger at the coach and said, ‘See there? That’s what he learned at play practice!’
“And she was heard in every corner of the gymnasium too.
“But my mother knew – she just knew – that for me, play practice was as important as basketball practice. And she was absolutely correct.”
This old but true story about in-season demands of school sports actually raises two of the key issues of the debate about out-of-season coaching rules.
One is that we are not talking only about sports. School policies should not only protect and promote opportunities for students to participate in more than one sport; they should also allow for opportunities for students to participate in the non-athletic activities that comprehensive, full-service schools provide.
This is because surveys consistently link student achievement in school as well as success in later life with participation in both the athletic and non-athletic activities of schools. Proper policies permit students time to study, time to practice and play sports and time to be engaged in other school activities that provide opportunities to learn and grow as human beings.
A second issue the story presents is that parents have opinions about what is best for their children. In fact, they feel even more entitled to express those opinions today than my mother did almost 50 years ago. In fact, today, parents believe they are uniquely entitled to make the decisions that affect their children. And often they take the attitude that everyone else should butt out of their business!
The MHSAA knows from direct experience that while school administrators want tighter controls on what coaches and students do out of season, and that most student-athletes and coaches will at least tolerate the imposed limits, parents will be highly and emotionally critical of rules that interfere with how they raise their children.
No matter the cost in time or money to join elite teams, take private lessons, travel to far-away practices and further-away tournaments, no matter how unlikely any of this provides the college athletic scholarship return on investment that parents foolishly pursue, those parents believe they have every right to raise their own children their own way and that it’s not the MHSAA’s business to interfere.
It is for this very reason that MHSAA rules have little to say about what students can and can’t do out of season. Instead, the rules advise member schools and their employees what schools themselves have agreed should be the limits. The rules do this to promote competitive balance. They do this in order to avoid never-ending escalating expense of time and money to keep up on the competitive playing field, court, pool, etc.
Every example we have of organized competitive sports is that, in the absence of limits, some people push the boundaries as far as they can for their advantage, which forces other people to go beyond what they believe is right in order to keep up.
If, during the discussions on out-of-season rules, someone suggests that certain policies be eliminated, thinking people will pause to ask what life would be like without those rules.
Our outcome cannot be mere elimination of regulation, which invites chaos; the objective must be shaping a different future.
A good start would be simpler, more understandable and enforceable rules. A bad ending would be if it forces more student-athletes and school coaches to focus on a single sport year-round.
Regulation with Roots
December 3, 2015
By Jack Roberts
MHSAA Executive Director
The following is an excerpt from “History, Rationale and Application of the Essential Regulations of High School Athletics in Michigan.”
Throughout the years, schools of this and every other state have identified problems relating to school transfers.
There is recruitment of athletes and undue influence. There is school shopping by families for athletic reasons. There is jumping by students from one school to another for athletic reasons because they couldn't get along with a coach or saw a greater opportunity to play at another school or to win a championship there. There is the bumping of students off a team or out of a starting lineup by incoming transfers, which often outrages local residents. There is the concentration of talent on one team by athletic-motivated transfers. There is friction between schools as one becomes the traditional choice for students who specialize in a particular sport. There is imbalance in competition as a result. And there is always the concern that the athletic-motivated transfer simply puts athletics above academics, which is inappropriate in educational athletics.
All states have developed rules to address the problems related to school transfers. In some states it is called a transfer rule and in other states a residency rule, because linking school attendance to residence is one of the most effective tools for controlling eligibility of transfers. None of the state high school association rules is identical, but all have the intention of preventing recruiting, school shopping and jumping, student bumping, friction, imbalance and overemphasis, as well as the intention of promoting fairness in athletic competition and the perspective that students must go to school first for an education and only secondarily to participate in interscholastic athletics.
The transfer/residency rule is a legally and historically tested but still imperfect tool to control athletic-motivated transfers and other abuses. It is a net which catches some students it should not, and misses some students that should not be eligible. This is why all state high school associations have procedures to review individual cases and grant exceptions; and why all state high school associations have procedures to investigate allegations and to penalize violations where they are confirmed.
Over the years, state high school associations have considered four options to handle transfers. The first two options are the easiest courses: either (1) let schools decide themselves about transfers, as Michigan once did, but this leads to inconsistent applications and few states now subscribe to such an approach; or (2) make no exceptions at all, rendering all transfer students ineligible for a period of time, but this becomes patently unfair for some students and no state high school association subscribes to that extreme, although it would be easy to administer.
The third option – the ideal approach perhaps – would be to investigate the motivation of every transfer and allow quicker eligibility or subvarsity eligibility to those which are not motivated by athletics, but this is very time consuming if not impossible to administer. No state high school association has sufficient staff and money to consider every detail of every transfer.
This is why a fourth option has been most popular with most state high school associations. This is a middle ground which stipulates a basic rule, some exceptions (15 exceptions in Michigan), and procedures to consider and grant waivers (a primary role of the MHSAA Executive Committee).
It is certain that the MHSAA transfer rule is imperfect. However, whatever few imperfections exist are remedied through a process by which member school administrators may make application to the MHSAA Executive Committee to waive the rule if, in the committee's opinion, the rule fails to serve any purpose for which it is intended or in its application creates an undue hardship on the student. In a typical year, the Executive Committee will receive approximately 250 requests to waive the transfer regulation, approving approximately 60 percent of those requests.
The committee brings to its considerations the following rationale, most recently reviewed and reaffirmed on Aug. 5, 2015:
- The rule tends to insure equality of competition in that each school plays students who have been in that school and established their eligibility in that school.
- The rule tends to prevent students from “jumping” from one school to another.
- The rule prevents the “bumping” of students who have previously gained eligibility in a school system by persons coming from outside the school system.
- The rule tends to prevent interscholastic athletic recruiting.
- The rule tends to prevent or discourage dominance of one sport at one school with a successful program, i.e., the concentration of excellent baseball players at one school to the detriment of surrounding schools through transfers and to the detriment of the natural school population and ability mix.
- The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and team work expectation fulfillment.
- The rule is designed to discourage parents from “school-shopping” for athletic purposes.
- The rule is consistent with educational philosophy of going to school for academics first and athletics second.
- It eliminates family financial status from becoming a factor on eligibility, thus making a uniform rule for all students across the state of Michigan (i.e., tuition and millage considerations).
- It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.
- It tends to reduce friction or threat of students changing schools because of problems they may have created or because of their misconduct, etc.
Following the adoption of a more standardized statewide transfer rule in 1982, there were multiple legal challenges. However, in 1986, the Michigan Court of Appeals determined that a rational basis exists for the transfer regulation and that the rule, with its exceptions, is not overbroad and is neither arbitrary nor capricious, noting that neither a fundamental right nor suspect classification is involved. Berschback v. Grosse Pointe Schools 154 Mich App 102 (1986). That decision is also noteworthy for this statement which has halted or decided subsequent legal challenges: “This Court is not the proper forum for making or reviewing decisions concerning the eligibility of transferring students in interscholastic athletics.”
There were two major changes in the MHSAA transfer regulation during the 1980s. The first, the athletic-motivated transfer rule, led to the busiest period of litigation in the MHSAA’s history. The other major change, arguably of equal impact, was implemented without any controversy.
This second subtle but substantial change occurred in 1987 when language was adopted to limit eligibility after a transfer to the non-public school closest to the student’s residence, as opposed to any non-public school in whose service area the student lived. “Service area” did not have a consistent definition and created unnecessary concern that non-public schools had the advantage of huge, undefined attendance areas, compared to public school districts at that time.
Some high school associations prescribe geographic boundaries or mileage limitations for students transferring to non-public schools. Michigan simply says it’s only the non-public school closest to the student’s residence, where eligibility may be immediate.
PHOTO: The MHSAA Transfer Regulation dates back to the early 1980s when the Association building stood on Trowbridge Road in East Lansing.