Pulling Up the Welcome Mat?

September 8, 2011

Michigan’s welcoming foreign exchange program network and the MHSAA’s accommodating rules have caused there to be more placements in Michigan schools than any other state during each of the last two school years. But this open environment for foreign exchange students may change if the MHSAA is unsuccessful in defending its current rules through judicial proceedings in Michigan courts.

Presently under MHSAA rules, international transfer students are treated identically to domestic transfer students:  unless the student meets one of 15 stated exceptions, that student is ineligible for approximately one semester and then becomes eligible insofar as the transfer regulation is concerned until that student’s high school graduation.

If, however, this student is a foreign exchange student placed in an MHSAA member school through a program listed by the Council on Standards for International Educational Travel, that student is permitted immediate eligibility and that student’s eligibility is limited to one academic year.  This special exception for bona fide foreign exchange students is intended to maximize the benefits of their academic exchange year. 

The current court challenge is to the absolute limit of one year of athletic eligibility for foreign exchange students.  If the MHSAA is unsuccessful in preserving that one-year limit, schools may be forced to treat foreign exchange students as all other international transfer students who are ineligible for their first semester and thereafter eligible until graduation.

That solution may seem simple, but it would reduce the value of the academic exchange experience for bona fide foreign exchange students, and that would certainly drop Michigan from the top spot in the nation for foreign exchange student placements. 

No Easy Fix

February 13, 2015

“If we don’t fix this problem, even our friends and allies may turn against us.”

That was the dire warning one of the MHSAA staff members gave to the rest of us at a weekly staff meeting recently, during which this staff member was receiving emails from people appalled over the mid-season transfer of a basketball player from one school to another.

The “fix” that some people want is a rule that makes every transfer student ineligible for a full year, regardless of the reason for the change of schools or the circumstances of the student. Of course, that rule would never survive judicial scrutiny, and legislators in every corner of the state would be advocating change for the sake of one child or another.

A more moderate remedy is to utilize a rule that applies the full-year period of ineligibility to those students whose circumstances do not fit one of the already established 15 exceptions that make a student eligible without delay following a transfer. That half-measure would not stop many transfers that would still frustrate people, and it would snag many transfers that would continue to anger people.

The rules we already have in place are tools for schools to use to stop many of the transfers that frustrate without snaring those transfers that anger: the athletic-motivated transfer rule and especially the athletic-related transfer rule (or links law).

Before our friends and allies turn their backs on us, they need to turn in the transfer situations where the rules already apply, and the undue influence (recruiting) they can document. They need to give the system a chance to work to the full extent of its potential. We should not make tougher rules if schools fail to utilize the rules they already have.

Adopting rules is usually easy for the organization. Applying rules is often much harder for the schools.