On the Hook

March 12, 2013

The over-arching theme of interscholastic athletic administration today is the health and safety of our student participants.  It’s always our most important concern but now, by both self-serving and serious advocates, it’s being made a political football – actually more like a soccer ball being kicked back and forth and back again, resulting in about as much chance of scoring any positive goals as a World Cup soccer game will have in scoring any goals at all.

We are daily being distracted, and taken off our tasks, by symbolic more than substantive proposals to require this, that or the other thing to protect children from the risk of injury – regardless of grassroots input and without regard to grassroots resources.  Zealous advocates for child safety wish to protect children from any risk of physical exertion, while in the next breath they complain of youth inactivity and obesity.  And those who are trying to increase participation AND the quality of that experience – that’s us – become the targets of criticism.  Often, those who have never done anything, blame those who have done a lot, for not doing enough.

Our frustration is flowing from the health and safety “idea du jour” to which we must respond, knowing that every time we fail to gush over some legislator’s or advocate’s notion, we invite the characterization that we are uncaring, lazy or arrogant, or all of the above.  What we are doing is protecting schools from ubiquitous, onerous mandates which no one else in the school community is taking notice of because, appropriately, they are focused on the impossible task of providing an ever-expanding list of required services to an ever-increasing percentage of school-aged children with an ever-increasing list of problems, with the expectation that all of them will perform at ever-improving levels of achievement.

But even with all these disclaimers, I can’t let us off the hook.  There are some things we can do and must do to better meet our highest calling in educational athletics which, if we’ve lost sight of it in the confusing clutter of challenges, is not only to do no harm physically to students but also to help instill in them healthy habits for the rest of their lives. Consistent with this high calling, we have obligations to do some critically important things – sometimes in spite of outside interference and sometimes beyond that interference – and do so without delay.  It is about those things that I have been commenting most these past few months, and will continue to address.

Transfer Trends

January 23, 2015

One of the responsibilities that schools have asked our organizations like the MHSAA to execute is the management of transfer student eligibility. Historically, many associations have linked eligibility to residence ... thus, for some the regulation has been called the "Residency Rule" or "Transfer/Residency Rule," not merely the "Transfer Rule."

Over the years, as society became more mobile and families less stable, these rules became more and more complicated; and now, for most state high school associations, this is the regulation that consumes the most (or second) most pages of their Handbooks. Over the years, this has also been the regulation most frequently challenged in court.

Over the years, some states have relaxed their transfer rule and others have refined their transfer rule. In either case, the transfer rule remains an imperfect rule, an imperfect net. Sometimes this net snags students who should not be made ineligible, and for those situations all associations have arranged some kind of waiver or appeal process. 

And sometimes, and much less easily solved, the net fails to catch the situations it really should ... the transfers that are not hardship related or the result of some very compelling educational need, but those that are obviously for athletic reasons. It is those that we have been most focused on in Michigan.

Our first effort to get at the most problematic transfers was the adoption for the 1997-98 school year of what we called the "Athletic MOTIVATED Transfer Rule" ... Regulation I, Section 9(E). Examples of an athletic motivated transfer are included in the rule. The rule only applies to transfer students who do NOT meet any of the stated exceptions for immediate eligibility and are ineligible for one semester under our basic transfer rule. They become ineligible for 180 scheduled school days if there is a finding that the transfer was more for athletics than any other compelling reason.

This effort has not been successful enough because it requires a school that loses a student to another school to promptly allege to the MHSAA office, with supporting documentation, that the transfer was more for athletic reasons than any other compelling reason. The receiving school then must respond to those allegations. Then the executive director makes the decision. The unfortunate result of applying this rule is that it usually causes hard feelings between the schools, and hard feelings toward the executive director by the school decided against. In 17 years, schools have invoked this rule only 41 times.

Our more recent effort to address the most egregious athletic transfers resulted from requests from the coaches associations for wrestling and basketball which were watching too many students change schools for athletic reasons, usually related to an out-of-season coaching relationship. The new rule – the "Athletic RELATED Transfer Rule" -- is Regulation I, Section 9(F). The difference between Section 9(E) and the newer Section 9(F) is that in 9(F) one school does not have to make and document allegations before staff can act. If MHSAA staff discover or are informed of any of the circumstances listed in 9(F), we can act. Again, the rule only applies to those transfer students whose circumstances do NOT meet one of the automatic exceptions. It applies only to students who are ineligible for a semester under the basic transfer rule. If there is a finding that one of the athletic related "links" exists (usually an out-of-season coaching relationship), then this transfer student who would be ineligible for one semester is made ineligible for 180 scheduled school days.

So far, it appears that 9(F) may be a better deterrent than 9(E). It has been referenced when students are rumored to be transferring, and it has stopped many of those transfers before they occur. 

We have said that if this latest effort does not succeed in slowing athletic transfers, then the next step is 180 days of ineligibility for all transfer students who do not qualify for an exception that permits immediate play. I fear that would catch far too many students who should not be withheld so long from competition and could lead to a period like the early 1980s when the MHSAA, at the request of the state principals association, adopted the core of the transfer rule we have today and which resulted in a period of busiest litigation for the MHSAA when, at one time, the association had more than a dozen cases in court simultaneously on transfer matters. We’ve got to make the current rules work.