Limitations of Rules
November 15, 2013
Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”
The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.
While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”
We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”
School Overload
January 29, 2016
I don’t know how school administrators and local boards of education do it. Every year, pressure increases on them to improve student performance in core subjects, while every year, lawmakers and government agencies try to make schools the place to solve, or at least respond to, more of society’s problems.
Expanding definitions of disabilities have required expanding public school responses. School employees now must be trained to respond to a myriad of student allergies. Schools have been made the place to address drug abuse, bullying, sexting, drunk driving, sudden cardiac arrest, seat belt use and much more.
This would be okay – in fact, it would be really good because it would solidify that the local school is the center of each and every community. But if schools are not given the resources to both improve student academic performance and address every threat to student health and safety, then no more should be asked of schools.
Right now our Michigan Legislature has dozens of bills that would make new demands on local schools. Most of these bills, on their own and in a vacuum, would be good – like the requirement that schools provide curriculum and professional development in warning signs for suicide and depression, and the requirement that students be certified in CPR before they graduate high school.
But until schools are given more time and money to perform current mandates, it’s time for legislators to put new bills in their back pockets and for government agencies to back off.