Hit Again

April 1, 2013

Education reform needs a Mulligan.  A do-over.  The opportunity to go back to “Go” and start over.  For example . . .

  • Back to a time before the attack on neighborhood schools closed those schools and contributed to neighborhood collapse and community disconnect.
  • Before suburban schools were allowed to prey on and profit from an urban school’s misfortunes.

  • Before large buses lumbered down narrow residential lanes to transport our littlest learners from the shadow of their local school to another across town, where all the other littlest students were gathered for more “cost-effective” education.

  • Before schools shuffled off low-achieving students to alternative schools in order to elevate their ranking on standardized test scores.

  • Before teachers based their lessons more on test preparation than learning.

  • Before education re-segregated through specialized charter schools with non-inclusive curricula.

  • Before public schools were barred from beginning their instructional days before Labor Day, or whenever their community thought it best for the education of its students.

  • Back to a time when pedagogy more than politics planned and delivered education.

 Let’s tee it up and hit again.

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.