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. 

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.