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.
Transfer Tools
February 7, 2014
On Oct. 15 I used this space to talk about “Transfer Trends”; and I took that topic on the road, including it in MHSAA Update meetings throughout the state. I described an “epidemic.”
As I have said and written before (including in this space on Sept. 27, 2011), our transfer regulation is an inadequate tool for the fight ahead of us. It has failed to slow the growth of athletic-motivated transfers even after adoption of a rule for that purpose in 1997. Too few schools have wanted the hassle of alleging and documenting that a transfer was primarily for athletic reasons. In 2012, the leadership of the basketball and wrestling coaches associations, observing that current rules permitted several high-profile transfers in their sports, asked for a much tougher transfer rule – one that would subject most transfer students to a full year of ineligibility. Recognizing its legal responsibility to enforce the most narrow proscriptions possible, the Representative Council responded with more precision.
The new athletic-related transfer rule adopted last May extends the period of ineligibility from one semester to two for those students whose circumstances do not fit one of the existing 15 exceptions to the transfer regulation and where the student has engaged in certain activities during the previous 12 months that link the student to the new school’s athletic program.
If a student played high school sports during the previous 12 months and did one of the activities that linked that student to the new school athletically, the new rule doubles the period of ineligibility. If, for example, this transfer student attended an open gym at the new school, played summer or non-school sports on a team coached by one of the coaches of the sport at the new school, or received instruction in strength or conditioning from a personal trainer who coaches at the new school, then the period of ineligibility would double.
In addition to narrowly tailoring the new rule to the most obvious and egregious examples of an athletic-motivated or -related transfer, the Representative Council also provided necessary notice. The rule has not been “sprung” on students who may have done things before the rule change that would have made them ineligible. Because the rule has a 12-month run-up to consider, the Council provided almost 15 months’ notice. The rule takes full effect Aug. 1, 2014.
This is another example of defining a problem and designing the policy with precision. It’s both most educationally sound and judicially defensible.