Disappointing Seasons
June 24, 2013
It is appropriate to take the longest day of the year to address one of the long tails of the longest lawsuit in MHSAA history.
In August of 2002, a US District Court gave Upper Peninsula schools three choices for remediating gender discrimination in their sports seasons. They were told to switch seasons for girls volleyball and basketball and do one of three additional things:
1. Place boys and girls in the same season in all sports; or
2. Place UP seasons at the same time as Lower Peninsula seasons in all sports; or
3. Switch UP boys and girls seasons in either soccer or tennis.
For a host of reasons in this state and all others, it has made good sense for many sports to schedule boys and girls in different seasons; and for very many years for many good reasons, UP schools have scheduled their seasons differently than LP schools in several sports. So options 1 and 2 were non-starters.
As for the third option: after girls volleyball and girls basketball, the sport for which UP schools least wanted to have switched seasons was tennis. So soccer was the UP sport selected for the court-approved switched seasons for boys and girls.
In July of 2007, the Federal Court denied a Motion by Intervenors to extract UP soccer from its earlier Order so that UP soccer would not be forced to switch seasons for boys and girls. At the same time in a separate Order, the Federal Court denied a Motion to extract LP tennis from the earlier Order.
The LP tennis community was and is as unhappy with the Federal Court Order as the UP soccer community. In fact, LP tennis has had the greatest participation loss of all sports since the seasons changes, including an almost 23 percent decline in boys tennis participation. Almost one-quarter fewer boys are playing high school tennis today than before the seasons switched in the LP!
In any event, the Federal Court determined in 2007 that the switching of boys and girls seasons in LP tennis and UP soccer was legal (after all, the Court itself had offered the changes as acceptable options in 2002); and the Court said that the MHSAA had gone to extremes to explain all the options to schools and listen to their opinions.
Demonstrating their characteristic independence, UP schools have not switched their boys and girls soccer seasons; and some now want the MHSAA to make an exception so they can play in the MHSAA’s fall boys tournament and spring girls tournament. But unlike those schools, which are not specifically addressed in the Federal Court Order, the MHSAA is subject to that Order and cannot make exceptions or grant waivers without violating the Court’s Order.
Based on the rationale of the 2007 Court Order, there is only a slim chance the Federal Court would ever modify its Order. The best chance will occur when there is a Motion filed jointly by the original parties to the lawsuit. It must address both genders, not just girls. It must be a permanent solution, not a temporary exception. It must require no other sport season be changed, for that would just upset another sport community and derail this effort.
Shortsighted Reform
April 16, 2013
Our posting of March 29 (“Hit Again”), about the mistakes being made in the guise of reforming education, struck a nerve with readers. And since then, writers with wider audiences have offered similar commentaries, including DeWayne Wickham writing for Gannett as his words appeared on LSJ.com on April 3, 2013:
“The fight against public school closings has become the new civil rights battle in this country – and rightfully so. Faced with a billion dollar budget deficit, Chicago’s public school system is the most recent urban district to announce a massive closure of schools. The city intends to shutter 61 elementary buildings, nearly all of them in black and Hispanic neighborhoods.
“That’s a penny-wise-and-pound-foolish decision that condemns the neighborhoods surrounding these soon-to-be-boarded-up schools to further decline. ‘We have resources that are spread much too thin,’ Todd Babbitz, the chief transformation officer (no kidding that’s his title) of Chicago’s troubled school system, told the Chicago Tribune. Over the next decade, school officials predict that these closings will save the school system $560 million. But first the city will have to spend $233 million to move students into classrooms elsewhere.
“Even if the school closings actually produce savings, the damage they will produce to the neighborhoods left without public schools will be catastrophic. While poverty and crime have decimated the population of many inner city neighborhoods, shutting down schools in those troubled areas will depopulate them even faster. The result will be a growing expanse of urban wastelands that could well deepen the budget deficits of the cities that are closing public schools.
“Politicians and school officials must be challenged to justify their school closing decision beyond the deal making of Chicago’s City Council. The U.S. Department of Education’s civil rights division is investigating complaints that claim the decisions of several urban school districts amount to a civil rights violation. If the school closings don’t violate the letter of the law, they sure seem to trample upon its spirit. For example, officials in Chicago and elsewhere should turn these school buildings into hubs for nonprofit organizations and other public services. Why not use the empty space to house police substatations, public health clinics, recreation centers and a mayor’s station?
“School systems in Philadelphia, Washington, D.C., Detroit and Newark have announced plans to close public schools, and in every case blacks and Hispanics will bear the biggest burden of these cost-cutting measures. These decisions signal an indifference to the damage such policy decisions will have on the neighborhoods.
“‘If we don’t make these changes, we haven’t lived up to our responsibility as adults to the children of the city of Chicago,’ Mayor Rahm Emanuel said. That’s a pretty shortsighted analysis of a problem that will render large swaths of Chicago’s black and Hispanic neighborhoods uninhabitable education wastelands.”