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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:

  1. 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.
  2. The rule tends to prevent students from “jumping” from one school to another.
  3. The rule prevents the “bumping” of students who have previously gained eligibility in a school system by persons coming from outside the school system.
  4. The rule tends to prevent interscholastic athletic recruiting.
  5. 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.
  6. The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and team work expectation fulfillment.
  7. The rule is designed to discourage parents from “school-shopping” for athletic purposes.
  8. The rule is consistent with educational philosophy of going to school for academics first and athletics second.
  9. 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).
  10. It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.
  11. 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. 

Catch These New Rules as Fall Kicks Off

August 7, 2014

By Geoff Kimmerly
Second Half editor

The first practices of 2014-15 begin next week for approximately 110,000 student-athletes taking part in eight sports in which the Michigan High School Athletic Association sponsors postseason tournaments, with nearly 41,000 football players practicing under a new policy in that sport aimed at continuing to improve player safety.  

The new practice policy was proposed by a Football Task Force made up of coaches, administrators and MHSAA staff which met during 2012 and 2013, and approved by the MHSAA’s Representative Council at its Winter Meeting on March 21.

The modifications are meant to promote heat acclimatization and limit helmet-to-helmet contact during practices. They include:

  • During the first week of practice, only helmets are allowed the first two days, only shoulder pads may be added on the third and fourth days, and full pads may not be worn until the fifth day of team practice.


  • Before the first regular-season game, schools may not schedule more than one “collision” practice in a day. A collision practice is defined as one in which there is live, game-speed, player-versus-player contact in pads involving any number of players.


  • After the first regular-season game, teams may conduct no more than two collision practice days in any week, Monday through Sunday.


  • No single football practice may exceed three hours, and the total practice time for days with multiple practice sessions may not exceed five hours. Neither strength/weight training activities nor video/classroom sessions are considered practice for the purposes of the three or five-hour limits.


Previously, schools were required to conduct at least three days of practice without pads before beginning contact. The change to four days for gradual addition of pads was added to assist athletes in acclimating to being physically active in hot weather. Guidelines reducing the amount of collision practice go hand in hand with rules changes that have been made to reduce helmet-to-helmet contact in game situations. The policies in detail can be found on the Football page of the MHSAA Website.

“We think these new policies, with respect to the number of collision practices there can be before the first game, and after the first game, really are where 85 to 90 percent of our coaches already were,” said John E. “Jack” Roberts, executive director of the MHSAA. “This new policy sends a signal to that 10 to 15 percent to get on board with the rest of us to make football just as safe as it can possibly be.”

Practice in football must begin on August 11 for all schools wishing to begin regular-season games the weekend of August 28-30. Schools must have 12 days of preseason practice at all levels before their first game, and those 12 days of practice may not occur before 16 calendar days.

Practice sessions for all other sports begin on Wednesday (August 13).  In golf and tennis, competition may commence no earlier than after three separate days of team practice, and not before seven calendar days. The first day competition may take place in golf and tennis is August 20. In all other fall sports, contests can take place after seven days of practice for the team and not before nine calendar days. The first day competition may take place in cross country, tennis, soccer, swimming and diving, and volleyball is August 22.

Only one football date precedes Labor Day, and most varsity games will take place on Thursday, August 28, that week. Subvarsity competition may begin on Wednesday, August 27. In Week 1, 255 games will be played on Thursday, 53 contests will be played on Friday, and five games will be played on Saturday. 

Continuing the focus on player safety, a number of rules changes were made in football for 2014:

  • Rules were added restricting targeting of opponent and illegal helmet contact with defenseless players, with both resulting in 15-yard penalties. Targeting is defined as taking aim at an opponent with the helmet, forearm, hand, fist, elbow or shoulder to initiate contact above the shoulders and with an intent beyond making a legal tackle or block, or playing the ball. A defenseless player can be considered one no longer involved in a play, a runner whose progress has been stopped, a player focused on receiving a kick or a receiver who has given up on an errant pass, or a player already on the ground.


  • Illegal contact to a quarterback now will be considered roughing the passer, and the offense will receive an automatic first down in addition to the previous 15 yards from the penalty.


  • On kickoffs, the kicking team must have at least four players on either side of the kicker, and no kicking team players except for the kicker may line up more than five yards behind the free-kick line. These changes were made to improve safety by balancing the kicking formation and shortening the potential run-up by kicking team players heading down the field to tackle the ball carrier.


A number of significant rules changes will go into effect for other fall sports:

  • In cross country, the ban on wearing jewelry has been lifted (and also for track and field in the spring). The National Federation of State High School Associations deemed the ban unnecessary in these two sports because there is little risk of injury with minimal contact between competitors. Elimination of the rule will allow officials to further focus on the competition.


  • In soccer, Michigan has adopted the National Federation rule stating home teams must wear solid white jerseys and socks, with visiting teams in dark jerseys and socks (dark defined as any color contrasting white). Also, officials may now wear green and blue shirts in addition to red and black as alternates to the primary yellow shirt with black pinstripes.


  • Also for soccer, both field players and goalkeepers must now leave the field when injured and the referee has stopped the clock. Previously, an injured goalkeeper was not required to leave the game when the referee stopped the clock; going forward, the keeper must be replaced.


  • In swimming and diving, one change affects the beginning of races and another impacts a specific event. The use of starter’s pistols is now prohibited; starters must use an alternative sounding device to start races. Additionally, in the backstroke, a swimmer may not submerge his or her entire body after the start except for during turns. The swimmer must remain on or above the water surface on the finish, eliminating the abuse of submerging well before touching the wall. This change also applies to the finish of the backstroke leg of the individual medley. 


The 2014 Fall campaign culminates with postseason tournaments beginning with the Upper Peninsula Girls Tennis Finals the week of Sept. 29, and wraps up with the 11-Player Football Playoff Finals on Nov. 28-29. Here is a complete list of fall tournament dates:

Cross Country:
U.P. Finals – Oct. 18
L.P. Regionals – Oct. 24 or 25
L.P. Finals – Nov. 1

11-Player Football:
Selection Sunday – Oct. 26
Pre-Districts – Oct. 31 or Nov. 1
District Finals – Nov. 7 or 8
Regional Finals – Nov. 14 or 15
Semifinals – Nov. 22
Finals – Nov. 28-29

8-Player Football:
Selection Sunday – Oct. 26
Regional Semifinals – Oct. 31 or Nov. 1
Regional Finals – Nov. 7 or 8
Semifinals – Nov. 15
Finals – Nov. 21

L.P. Girls Golf:
Regionals – Oct. 8 or 9 or 10 or 11
Finals – Oct. 17-18

Soccer:
Boys L.P. Districts – Oct. 13-18
Boys L.P. Regionals – Oct. 21-25
Boys L.P. Semifinals – Oct. 29
Boys L.P. Finals – Nov. 1
L.P. Girls Swimming & Diving
Diving Regionals – Nov. 13
Swimming/Diving Finals – Nov. 21-22

Tennis:
U.P. Girls Finals – Oct. 1 or 2 or 3 or 4
L.P. Boys Regionals – Oct. 9 or 10 or 11
L.P. Finals – Oct. 17-18

Girls Volleyball:
Districts – Nov. 3-8
Regionals – Nov. 11 & 13
Quarterfinals – Nov. 18
Semifinals – Nov. 20-21
Finals – Nov. 22

The MHSAA is a private, not-for-profit corporation of voluntary membership by more than 1,500 public and private senior high schools and junior high/middle schools which exists to develop common rules for athletic eligibility and competition. No government funds or tax dollars support the MHSAA, which was the first such association nationally to not accept membership dues or tournament entry fees from schools. Member schools which enforce these rules are permitted to participate in MHSAA tournaments, which attract more than 1.4 million spectators each year.