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.”
Late Start
August 11, 2015
Business took me to Indianapolis for a meeting on Thursday, July 30. Of the eight other meeting participants, four lived in Indiana, three lived in Georgia and one in Montana.
I learned that school was already in session for many schools of both Indiana and Georgia, four weeks prior to the start of classes for most Montana schools ... and six weeks before state law allows public schools to commence classes for students in Michigan.
These dramatic differences undermine any seriousness or sense of urgency in this state’s efforts to improve public education.
The scene that replays in my memory is of an all-district in-service day at a Michigan school district where the staff was busy in the cafeteria, while the students lounged outside the school and milled about the school halls, bored.
“Our kids are already here and ready to be in class,” the school superintendent told me; “but state law penalizes us if we dare to begin teaching them.”
I think of this as school sports teams and marching bands and cheerleaders are already hard at work this week honing their skills in extracurricular activities. Wouldn’t it be great if lawmakers would allow our students to be doing the same in academic classrooms?
If our students are lagging behind academically, it might have something to do with the fact that they start each year two or three laps behind kids in other states.