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Tipping Point

April 11, 2014

During the 2010-11 school year we began working on new rules that might address the likelihood that (1) international students would begin to prefer the F-1 visa route to enrollment in our schools over the J-1 route, and (2) that our schools would with increasing efforts turn to foreign countries to recruit students to replace the declining population in Michigan and to replenish the funding that would allow those schools to operate at funding levels sufficient to maintain facilities, faculties and programs.

We got hung up and slowed down during these deliberations because of uncertainty about the future roles of the Council on Standards for International Educational Travel, the US Department of State and the US Department of Homeland Security, and hesitancy over the potential legal problems we might be creating by implementing practical solutions to real athletic-related problems that the influx of unvetted F-1 visa students had created and would continue to create with greater frequency as their numbers increased.

In 2012, there were more J-1 visa students enrolled through CSIET-approved programs in Michigan secondary schools than in any other state; and the total number of J-1 and F-1 students combined was also greatest in Michigan. And, having such a hospitable environment for J-1 students, we have predicted that a slowly growing percentage of the rapidly growing number of F-1 students in the US (80,000 in 2013) would begin enrolling in Michigan secondary schools.

The 2013-14 school year has brought things to a head, with certain high profile situations creating enough attention that hesitations were overcome and the adoption of new rules for 2014-15 became a foregone conclusion. You can find those changes here in Appendix B of the March Representative Council Minutes.

Very briefly, here are the key components of the new rules:

  • Only those international students (J-1 or F-1) who qualify for one of the residency exceptions to the Transfer Regulation or are placed through an MHSAA Approved International Student Program can have varsity eligibility.


  • J-1 and F-1 visa students have identical opportunities. If they are enrolled through an MHSAA Approved International Student Program, they are immediately eligible for one academic year, followed by one year of ineligibility before they could be eligible again. This is the “Play One, Wait One” rule that has previously applied only to J-1 foreign exchange students.


  • Local schools may, if they wish, provide other international students subvarsity eligibility regardless of grade level, without MHSAA Executive Committee approval.

Our Tools

March 11, 2014

MHSAA staff does very many things, including these two tasks: (1) we use the tools we have; and (2) we strive to develop more effective tools.

The tools we have are limited. We don’t have a huge staff to conduct investigations. We don’t have subpoena power to coerce disclosure of testimony and documents. We don’t have rules to cover every situation.

Thus, it feels like some people get away with things; and sometimes they do. We don’t have the tools to catch them or convict them. That is the inescapable condition of every voluntary statewide athletic association in the US.

But the other thing we do is keep working on better tools. Rules with broader reach and/or fewer holes. Penalties that are a greater deterrent to some people, and more punitive to others when deterrence doesn’t work.

Developing new rules is a tough process. Sometimes it takes months or years to get membership buy-in. Sometimes the “no-brainers,” so-called “easy solutions,” get shot down by lawyers who demand the most narrow remedy to each and every excruciatingly detailed problem.

We work today with the tools we’ve been given through the democratic processes of our voluntary association. And we keep working on ways to sharpen and strengthen those tools in ways that are reasonable in breadth and depth, rationally related to the basic tenets of a voluntary association, one of which is local control. Obviously, these are two of the more difficult things we do.