Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.
Early Learners
January 26, 2016
The good news is that the minimum number of pupil instruction days required for public school students in Michigan increases from 175 to 180 for 2016-17. The bad news is, Michigan public school students are still sitting in the back of the school bus.
The U.S. is in the lower half of the world’s nations in the length of school year for secondary school students, and Michigan is in the lower half of U.S. states in the length of school year. So just about anything the Michigan Legislature would consider to facilitate earlier starts to the school year as well as longer school days and weeks of instruction would be good for today’s students and our state’s future.
Among bills now pending in the Michigan Legislature is Senate Bill 567 that would remove the prohibition on public schools from beginning instructional days before Labor Day, except that classes could not be held on the Friday before Labor Day.
Some will be critical because this could put classes in conflict with double session sports practice days and large, all-day cross country, golf, soccer and tennis tournaments that are now common in Michigan school sports in late August; but these so-called conflicts would have positive effects:
These “conflicts” would tend to reduce the number of days of two-a-day practices that are much less in favor today with increasing attention to the health and safety of student-athletes.
These “conflicts” would tend to reduce the frequency of students playing in contests before they have attended any classes, which is far from ideal philosophically and a frequent cause of practical problems – including participation by ineligible students and resulting forfeits.
Students are engaged in school sports, marching band, cheerleading and other school-related activities throughout most of August, and they are much more eager learners then than later in the school year. Schools should be allowed to let them learn in the classroom then, not just in extracurricular activities.