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Tougher Rules for Transfers

May 31, 2013

There is an increased sense among the MHSAA’s constituents that it’s nearly impossible to advance deeply into the MHSAA’s postseason tournaments with “home grown” talent; that unless a team receives an influx of 9th-graders from other districts or transfers of 10th-, 11th- and 12th-graders from other schools, success in MHSAA tournaments is rare.

This is the predictable result of several factors, including (1) expanding schools of choice; (2) starving school districts of essential resources; (3) encircling schools with educational options; and (4) increasing dependence on nonfaculty coaches and the related increased profile of non-school youth sports programs.

In light of this, Michigan’s high school wrestling coaches and, more recently, Michigan’s high school basketball coaches, have proposed new rules and/or pled with MHSAA leadership to toughen the transfer rules for school-based programs.

On May 5, 2013, the MHSAA adopted a rule to take effect starting Aug. 1, 2014, that advocates believe is more straightforward than the athletic motivated section of the transfer regulation and is a needed next step to address increasing mobility of students between schools.  It links certain described activities to a longer period of ineligibility after a transfer.  It intends to catch some of the most overt and egregious of transfers for athletic reasons.

Specifically, after a student has played on a team at one high school and transfers to another where he or she is ineligible, the period of ineligibility is extended to 180 scheduled school days if, during the previous 12 months, this student . . .

  • Participated at an open gym at the high school to which the student has transferred.
  • Participated on a non-school team coached by any of the coaches at the high school to which the student has transferred.
  • Has a personal sport trainer, conditioner or instructor who is a coach at the high school to which the student has transferred.

  • Transfers to a school where his or her previous high school coach is now employed.

Unlike Section 9(E), this new Section 9(F) does not require one school to allege athletic motivation.  If the MHSAA learns from any source that any one of the four athletic related links, the MHSAA shall impose ineligibility for 180 scheduled school days.

There may be a large percentage of the MHSAA’s constituents who do not believe this new Section 9(F) goes far enough; that this should be applied to all students, not merely those whose transfer does not fit one of the 15 stated exceptions which allows for immediate eligibility.  That could become the MHSAA’s next step in fighting one of the most aggravating problems of school-based sports today.

Transfer Trends

January 23, 2015

One of the responsibilities that schools have asked our organizations like the MHSAA to execute is the management of transfer student eligibility. Historically, many associations have linked eligibility to residence ... thus, for some the regulation has been called the "Residency Rule" or "Transfer/Residency Rule," not merely the "Transfer Rule."

Over the years, as society became more mobile and families less stable, these rules became more and more complicated; and now, for most state high school associations, this is the regulation that consumes the most (or second) most pages of their Handbooks. Over the years, this has also been the regulation most frequently challenged in court.

Over the years, some states have relaxed their transfer rule and others have refined their transfer rule. In either case, the transfer rule remains an imperfect rule, an imperfect net. Sometimes this net snags students who should not be made ineligible, and for those situations all associations have arranged some kind of waiver or appeal process. 

And sometimes, and much less easily solved, the net fails to catch the situations it really should ... the transfers that are not hardship related or the result of some very compelling educational need, but those that are obviously for athletic reasons. It is those that we have been most focused on in Michigan.

Our first effort to get at the most problematic transfers was the adoption for the 1997-98 school year of what we called the "Athletic MOTIVATED Transfer Rule" ... Regulation I, Section 9(E). Examples of an athletic motivated transfer are included in the rule. The rule only applies to transfer students who do NOT meet any of the stated exceptions for immediate eligibility and are ineligible for one semester under our basic transfer rule. They become ineligible for 180 scheduled school days if there is a finding that the transfer was more for athletics than any other compelling reason.

This effort has not been successful enough because it requires a school that loses a student to another school to promptly allege to the MHSAA office, with supporting documentation, that the transfer was more for athletic reasons than any other compelling reason. The receiving school then must respond to those allegations. Then the executive director makes the decision. The unfortunate result of applying this rule is that it usually causes hard feelings between the schools, and hard feelings toward the executive director by the school decided against. In 17 years, schools have invoked this rule only 41 times.

Our more recent effort to address the most egregious athletic transfers resulted from requests from the coaches associations for wrestling and basketball which were watching too many students change schools for athletic reasons, usually related to an out-of-season coaching relationship. The new rule – the "Athletic RELATED Transfer Rule" -- is Regulation I, Section 9(F). The difference between Section 9(E) and the newer Section 9(F) is that in 9(F) one school does not have to make and document allegations before staff can act. If MHSAA staff discover or are informed of any of the circumstances listed in 9(F), we can act. Again, the rule only applies to those transfer students whose circumstances do NOT meet one of the automatic exceptions. It applies only to students who are ineligible for a semester under the basic transfer rule. If there is a finding that one of the athletic related "links" exists (usually an out-of-season coaching relationship), then this transfer student who would be ineligible for one semester is made ineligible for 180 scheduled school days.

So far, it appears that 9(F) may be a better deterrent than 9(E). It has been referenced when students are rumored to be transferring, and it has stopped many of those transfers before they occur. 

We have said that if this latest effort does not succeed in slowing athletic transfers, then the next step is 180 days of ineligibility for all transfer students who do not qualify for an exception that permits immediate play. I fear that would catch far too many students who should not be withheld so long from competition and could lead to a period like the early 1980s when the MHSAA, at the request of the state principals association, adopted the core of the transfer rule we have today and which resulted in a period of busiest litigation for the MHSAA when, at one time, the association had more than a dozen cases in court simultaneously on transfer matters. We’ve got to make the current rules work.