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.
2023 Forsythe Award Celebrates Leinaar's 40 Years Dedicated to School Sports
By Geoff Kimmerly
MHSAA.com senior editor
March 8, 2023
Few people in Michigan have had a longer-lasting influence on the rules and policies of educational athletics than Frankfort’s Karen Leinaar, who has served in several roles locally, statewide and nationally over more than 40 years contributing to the school sports community.
Thank you, Bill Baker.
The longtime teacher, coach, principal and superintendent during a career that stretched across multiple schools – including Leinaar’s growing up, Delton Kellogg – made an impression on the standout multi-sport athlete before she graduated from high school in 1977. Baker’s philosophy and work led Leinaar to study education at Michigan State University and then brought her back as Delton’s athletic director to begin four decades of making the same impact on children in her hometown and eventually in hometowns all over Michigan and beyond.
Baker died in 2009, but not before continuing to mentor Leinaar through many good times and tough ones.
“The man had two daughters that I grew up with, his wife was a teacher, and he demonstrated to all of us – he never missed an event – that we were important to him. That even though we weren’t his kids, we were his kids and athletics was a way to help kids become better people – and for some kids it was the only thing that they had positive in their life,” Leinaar said. “And he made it known just to that individual kid how important their participation was and their involvement, and how that helped them become the person that they were.
“That to me was such an example of how to help people be good people, that I just took that role on.”
It’s a role in which she continues to serve. Leinaar began her career as an athletic administrator in 1982, and as the interim athletic director currently at Frankfort High School is serving her fifth district in that position. Since June 2019, she also has served as executive director of the Michigan Interscholastic Athletic Administrators Association (MIAAA), the professional organization for school sports administrators in the state with a membership of nearly 700.
To recognize that longtime and continuing impact, Leinaar has been named the 2023 honoree for the Michigan High School Athletic Association’s Charles E. Forsythe Award.
The annual award is in its 46th year and named after former MHSAA Executive Director Charles E. Forsythe, the Association's first full-time and longest-serving chief executive. Forsythe Award recipients are selected each year by the MHSAA Representative Council, based on an individual's outstanding contributions to the interscholastic athletics community.
Leinaar also served 22 years on the MHSAA’s Representative Council and a four-year term from 2009-13 on the Board of Directors for the National Federation of State High School Associations (NFHS), and just last week was named to the 2023 class of the National Interscholastic Athletic Administrators Association (NIAAA) Hall of Fame.
“It is impossible even to estimate the number of students, coaches, administrators and others who have been affected by the work Karen Leinaar has done to make school sports the best they can be – not only in her communities, but across Michigan and throughout the country,” MHSAA Executive Director Mark Uyl said. “There are few who have equaled her dedication and her support and promotion of the ideals of school-based sports. She has always placed an emphasis on being in the room, on the field or at the arena, actively participating in her leadership roles, and our programs are better for it.”
Leinaar first served as athletic director at Delton Kellogg for nearly 17 years, from March 1982 through October 1998. She spent three years at Gaylord, then 8½ at Benzie Central before taking over at Bear Lake in November 2010 and spending the next decade organizing athletic programs for students in grades 5-12 before retiring in January 2021. She came out of retirement to return to the athletic director’s chair this past fall as interim AD at Frankfort. She has completed nearly four years as MIAAA executive director, moving into that position after previously serving nine years as an assistant to the executive.
Leinaar began her service on the Representative Council in Fall 1999 and completed her last term as a statewide at-large representative at the Fall 2021 meeting.
She has been honored several times for her contributions. She received the MHSAA’s Women In Sports Leadership Award in 1998, a Citation from the NFHS in 2000, and she was named MIAAA Athletic Director of the Year in 2001. She received an MHSAA’s Allen W. Bush Award in 2014 – recognition given for work done generally behind the scenes and with little attention.
“This is the top of the mountain, per se. This one does mean so much,” Leinaar said of the Forsythe Award. “The names that are associated with this over the years, I never thought I’d be put in that group.”
Leinaar remains a continuous source of support at a multitude of MHSAA championship events, and during her time on Council was one of the most frequent representatives handing out trophies and medals to champions and runners-up at Finals events. She began while athletic director at Delton Kellogg hosting the MHSAA Volleyball Finals in Class B and Class C and continues to assist with those championships now played at Kellogg Arena in Battle Creek.
She also hosted Competitive Cheer Finals at Delton Kellogg in 1996 and 1997, Ski Finals while at Gaylord, and many more championship events across the Lower Peninsula. She continues to assist at the MHSAA’s Lower Peninsula Cross Country and Track & Field Finals.
After attending Delton Kellogg High School, Leinaar earned a bachelor’s degree in physical education, health and recreation, with a minor in driver education, from MSU in 1982. She completed a master’s in athletic administration from Western Michigan University in 1994.
Leinaar has been a member for 40 years of both the MIAAA and NIAAA, and has served as chairperson of the MIAAA Annual Conference and awards chairperson for both the state and national bodies. She’s also served as chairperson of the MIAAA’s Exemplary Athletic Program.
Past recipients of the Charles E. Forsythe Award
1978 - Brick Fowler, Port Huron; Paul Smarks, Warren
1979 - Earl Messner, Reed City; Howard Beatty, Saginaw
1980 - Max Carey, Freesoil
1981 - Steven Sluka, Grand Haven; Samuel Madden, Detroit
1982 - Ernest Buckholz, Mt. Clemens; T. Arthur Treloar, Petoskey
1983 - Leroy Dues, Detroit; Richard Maher, Sturgis
1984 - William Hart, Marquette; Donald Stamats, Caro
1985 - John Cotton, Farmington; Robert James, Warren
1986 - William Robinson, Detroit; Irving Soderland, Norway
1987 - Jack Streidl, Plainwell; Wayne Hellenga, Decatur
1988 - Jack Johnson, Dearborn; Alan Williams, North Adams
1989 - Walter Bazylewicz, Berkley; Dennis Kiley, Jackson
1990 - Webster Morrison, Pickford; Herbert Quade, Benton Harbor
1991 - Clifford Buckmaster, Petoskey; Donald Domke, Northville
1992 - William Maskill, Kalamazoo; Thomas G. McShannock, Muskegon
1993 - Roy A. Allen Jr., Detroit; John Duncan, Cedarville
1994 - Kermit Ambrose, Royal Oak
1995 - Bob Perry, Lowell
1996 - Charles H. Jones, Royal Oak
1997 - Michael A. Foster, Richland; Robert G. Grimes, Battle Creek
1998 - Lofton C. Greene, River Rouge; Joseph J. Todey, Essexville
1999 - Bernie Larson, Battle Creek
2000 - Blake Hagman, Kalamazoo; Jerry Cvengros, Escanaba
2001 - Norm Johnson, Bangor; George Lovich, Canton
2002 - John Fundukian, Novi
2003 - Ken Semelsberger, Port Huron
2004 - Marco Marcet, Frankenmuth
2005 - Jim Feldkamp, Troy
2006 - Dan McShannock, Midland; Dail Prucka, Monroe
2007 - Keith Eldred, Williamston; Tom Hickman, Spring Lake
2008 - Jamie Gent, Haslett; William Newkirk, Sanford Meridian
2009 - Paul Ellinger, Cheboygan
2010 - Rudy Godefroidt, Hemlock; Mike Boyd, Waterford
2011 - Eric C. Federico, Trenton
2012 - Bill Mick, Midland
2013 - Jim Gilmore, Tecumseh; Dave Hutton, Grandville
2014 - Dan Flynn, Escanaba
2015 - Hugh Matson, Saginaw
2016 - Gary Hice, Petoskey; Gina Mazzolini, Lansing
2017 - Chuck Nurek, Rochester Hills
2018 - Gary Ellis, Allegan
2019 - Jim Derocher, Negaunee; Fredrick J. Smith, Stevensville
2020 - Michael Garvey, Lawton
2021 - Leroy Hackley Jr., Byron Center; Patti Tibaldi, Traverse City
2022 - Bruce Horsch, Houghton
PHOTOS (Top) Karen Leinaar, left, awards the 2022 Division 4 volleyball finalist trophy to Indian River Inland Lakes coach Nicole Moore. (Middle) Leinaar accepts the MHSAA's Women In Sports Leadership Award in 1998.