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.
Johnston Retires as Winningest Coach, Much More to Beaverton Dream He Built
By
Paul Costanzo
Special for MHSAA.com
March 15, 2024
Before Roy Johnston left the court that bears his name for the final time as Beaverton head boys basketball coach on Feb. 23, 1,500-plus fans, family and current and former players had one more chant.
It wasn’t the name of the coach they all adored after he wrapped up the winningest career in MHSAA basketball history. It wasn’t even the school song, or a slogan.
With Johnston pumping a raised fist, the community chanted “Judy” to honor his wife, who could not be at the game or celebration as she was battling cancer.
It was a fitting tribute to the woman behind the coach who became more than the face of the community, and one last opportunity for those fans to say thank you to her for her own efforts and sacrifices in helping the Beaverton become something pulled straight from the movie screen – the small-town sports tale complete with the iconic coach in the lead role and generations of locals living their dedication by filling the stands for every game.
Judy Johnston passed away this past Saturday, a little more than two weeks after the ceremony that honored her husband. She was 81.
All interviews for this story were completed prior to her passing, but a common theme when talking about Johnston’s 50-year career and importance to Beaverton was that the entire family, specifically Judy, had played a big role.
“His family has put forth an incredible amount of effort into our community,” said former player Brent Mishler. “In basketball and in general.”
Family is at the center of Johnston and Beaverton’s immense success over his 50 years. Not only has he coached multiple generations of several Beaverton families – including three generations of Mishlers – but he’s coached his own children, and grandchildren.
Small town programs often rely on players who have grown up around them and together, and Beaverton has that in spades.
“It was a dream,” former player and Johnston’s co-coach, Shad Woodruff, said of having his son Layk play for Johnston. “I got to play for Roy and be part of all that Beaverton basketball is – it’s not just a sport around here. We have video of (Layk) dribbling a basketball in the gym literally before he could walk. He’s been the little guy that always looked up to (Roy’s grandsons) Spencer Johnston and Carter Johnston, so just to be a part of Beaverton basketball is special.
“It’s like when your kid gets there, you’re giving your kid to the community for a while and saying, ‘Here you go.’ It’s amazing to watch your son out there, especially in a community like ours. Roy has created this thing with Beaverton basketball where every Friday night, it’s like church. Everybody’s there.”
The numbers behind Johnston’s career, which started in 1966 in Yale, are remarkable. He holds the MHSAA record for wins by a boys basketball coach at 833, the vast majority coming at Beaverton, the program he took over in 1974.
The Beavers won 21 conference titles, 17 District titles and five Regional titles during Johnston’s 50 years, adding a run to the MHSAA Semifinals in 1984.
Just six of Johnston’s seasons ended in records below .500, and in a fitting tribute to their coach, this year’s Beavers scratched and clawed their way to a five-game win streak at the end of the season to ensure his last wouldn’t be No. 7, finishing the year 12-12 with a loss to Beal City in the District Final.
Included in that streak was a 54-45 victory over rival Gladwin on the night Johnston was honored. The Beavers trailed by as many as nine during the second half before rallying to win, led by a 26-rebound performance from 6-foot, 1½-inch senior Reese Longstreth, who Woodruff called the epitome of a Beaverton basketball player.
“I’ve been fortunate to be around Roy for 40 years, and I’ve seen a lot of great wins, especially in that gym,” Woodruff said. “I can’t put anything above that one.”
Layk Woodruff made the final basket in the game, which will forever be the final basket made in Roy F. Johnston Gymnasium during the Johnston era.
“It was super emotional, I’d say, for a bunch of reasons,” Layk Woodruff said of the game. “We felt like it was our responsibility, we had to that game for Roy. It was a rivalry game, last home game of the year – there were a lot of emotions when that game ended. I didn’t even think about (hitting the final shot) until a couple days later. Now that I get to think about it, it’s pretty cool to say that was me. I’ll always remember that.”
One celebration led to another, as Johnston’s retirement ceremony followed the game. A tribute video created by Beaverton graduate Jason Brown, who owns a digital media company, and narrated by longtime Beaverton public address announcer Scott Govitz was played. Govitz admitted to getting choked up at times while recording the video.
“There were a couple times where I did more than one take,” he said.
Govitz was at the center of a massive effort to create the ceremony, with support from athletic director Will Gaudard, school staff and members of the community, including multiple businesses and organizations. Govitz had arranged for special lighting and video screens for the presentation. Special tickets were printed for the night – which also happened to be Beaverton’s Hall of Fame night. Following the video, a spotlight was shone on center court, where a single chair sat, one of Johnston’s vintage red blazers draped over its back.
The more than 100 former players who had come to celebrate their coach each had a glow stick they cracked on, and walked through the darkness to surround the chair.
Then Johnston walked the red carpet – much like his starters have for years when being introduced prior to games – and addressed the crowd.
He didn’t speak for long, but as Johnston so often does, he hit all the right notes, mixing gratitude with humor.
“Gladwin County is a great place to raise a good family,” Johnston said after thanking the traveling contingent from Gladwin.
“I want to thank everyone for a great run. Fifty years. A great run.”
For outsiders, it was a chance to see the softer side of Johnston rather than the man intensely patrolling the sidelines during games. It was a glimpse at the man that handed out suckers before games to every kid in attendance.
“He belonged on an episode of ‘Grumpy Old Men,’ and he still could play the role,” Govitz said with a laugh. “He would always say, ‘Don’t listen to the way I say it, listen to what I say.’ He just wants you to do things correctly. His players, maybe they didn’t adore it at the time, but they adore it now. Being a part of that program taught them more than basketball skills. … What will happen, once they leave, they find that great respect for it. And, he does things quietly that no one ever knows or sees – helping someone in need, especially the ones in college, checking up on them or sending them some money. That helps build a program and build relationships. He said in his last speech that it’s about getting along with others. If you can’t get along well with others, you can’t get along. That’s what it’s about.”
Mishler echoed that sentiment, and some of the memories that stick out most to the 2002 graduate were when Johnston got after him in his own special way.
“Playing for him was a privilege,” said Mishler, whose father Steve played for Johnston in the ’70s, and his son Cameron played through 2021. “The life lessons he taught set you up for success in life for the future. ‘You need to hear what I’m saying, not the method I’m saying it.’ That’s so true. Being honest and having expectations, and expecting people to hit those expectations, is not a bad thing.”
After Johnston was done speaking, he knelt down and kissed the floor to say goodbye to the job he’s done for most of his life, and in a way, thank you, to the community he helped create and that he’ll now need more than ever.
“Roy’s good at making you feel like he’s not big on that stuff (being recognized), and he isn’t, but he definitely does appreciate it,” Shad Woodruff said. “He understands how important he is to the community, and that he’s done something really special. He understands what he’s done is a pretty big feat, but he doesn’t talk about it. He doesn’t brag about it.”
Paul Costanzo served as a sportswriter at The Port Huron Times Herald from 2006-15, including three years as lead sportswriter, and prior to that as sports editor at the Hillsdale Daily News from 2005-06. He can be reached at [email protected] with story ideas for Genesee, Lapeer, St. Clair, Sanilac, Huron, Tuscola, Saginaw, Bay, Arenac, Midland and Gladwin counties.
PHOTOS (Top) Beaverton boys basketball coach Roy Johnston kisses the court that bears his name during a celebration of his retirement Feb. 23. (Middle) This season’s team stands at the entrance to town with signs announcing the program and coach’s successes. (Below) Johnston takes a photo with three generations of Mishlers – Cameron, Brent and Steve. (Top photo by Stephanie Johnston.)