Correctable Error
January 17, 2014
I have written at other times and places that if it had been the stated purpose of our state’s and country’s chief executives and legislators for the past 20 years to weaken public education, they would have done exactly what they have done. They have spoken about strengthening schools and improving education, but their actions have done the opposite.
This is precisely the point of the richly researched Reign of Error, The Hoax of the Privatization Movement and the Danger to America’s Public Schools by Diane Rovitch (Alfred A. Knopf, 2013).
Competition, choice and corporate influence are all attacked, as are the misuse and overuse of standardized testing and the excessive reliance on e-education.
The author’s prescription for schools is not everything new and different, but removal of politicians and profiteers. And, catching my attention most, Rovitch writes:
“As students enter the upper elementary grades and middle school and high school, they should have a balanced curriculum . . . Their school should have a rich arts program where students learn to sing, dance, play an instrument, join an orchestra or band, perform in a play, sculpt, or use technology to design structures, conduct research, or create artworks. Every student should have time for physical education every day . . . Every school should have after-school programs where students may explore their interests, whether in athletics, chess, robotics, history club, dramatics, science club, nature study, scouting or other activities.”
The kinds of programs that the MHSAA promotes and protects are the keys to the type of education students want, need and deserve. And I admire every school that provides these programs in spite of all that has conspired against them for two decades.
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.