Penalty Points
August 26, 2016
The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.
The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.
Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.
It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.
While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.
Bad Choice
September 11, 2015
From our vantage point, we saw years ago that “choice” was disrupting schools more than it was improving them, and hindering more than enhancing the academic accomplishments of students.
What we saw years ago was that choice was more often exercised for adults’ convenience – to schools closer to child care or parents’ jobs – than for students’ academic improvement. Studies now tend to prove that observation is correct.
We also saw years ago that choice was mostly a chain reaction of prickly people. Students or their parents unhappy with their local school for one reason or another would move to a nearby school where, simultaneously, unhappy people would be moving from there to another nearby school. Studies now show that about half of choice students return to where they began; whether or not they ever accept that the fault was their own and not the fault of the first school is more difficult to discern.
In July, Michigan State University reported some of the most recent research about, and some of the faintest praise for, school of choice; but because previous studies have demonstrated that students’ learning diminishes as their mobility increases, there should have been much more scrutiny of Michigan’s school of choice policy when it was introduced 20 years ago, and as it has spread to 80 percent of Michigan school districts since 1994.
As a means of improving schools, choice has failed by making poor schools worse. As a means of integrating schools, choice and charter schools have actually re-segregated schools. And as a means of destroying neighborhoods, choice has been the perfect weapon.
You want to rebuild Michigan? Then start with neighborhoods, at the center of which will be a grocery store and a school, both within walking distance for their patrons who are invested in them.
School of choice has created problems for administrators of school sports. But what’s far worse is the damage it has done and continues to do to our students, schools and society.