Middle School Membership

September 27, 2013

Of the approximately 2,000 schools serving 7th- and 8th-grade students in Michigan, according to the 2013 Michigan Education Directory that does not include home schools, only 731 are members of the Michigan High School Athletic Association. There are several reasons that explain this gap.

It is not a matter of cost. As with high schools, junior high/middle school membership is free. More likely reasons for the gap between the number of schools serving 7th- and 8th-graders and the number of those schools belonging to the MHSAA are these:

  1. The school district overlooks MHSAA membership. This is often the case when there is no high school connected to the junior high/middle school.
  2. The school district does not sponsor interscholastic athletics at the 7th- and 8th-grade level. At that level, sports are community run, so the school sees no need for MHSAA membership.
  3. The school district does sponsor 7th- and 8th-grade sports but does not want to follow MHSAA rules. And among the rules these school districts object to are these:
  • The limits on the number of contests . . . they’re too few; and/or

    The prohibition of 6th-graders on teams of 7th- and 8th-graders.

This third reason, and especially these two objections, are being reviewed throughout the MHSAA constituency again this year. And I’ll have more to say in our next three postings.

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.