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 . . .
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Participated at an open gym at the high school to which the student has transferred.
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Participated on a non-school team coached by any of the coaches at the high school to which the student has transferred.
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Has a personal sport trainer, conditioner or instructor who is a coach at the high school to which the student has transferred.
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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.
Disappointing Seasons
June 24, 2013
It is appropriate to take the longest day of the year to address one of the long tails of the longest lawsuit in MHSAA history.
In August of 2002, a US District Court gave Upper Peninsula schools three choices for remediating gender discrimination in their sports seasons. They were told to switch seasons for girls volleyball and basketball and do one of three additional things:
1. Place boys and girls in the same season in all sports; or
2. Place UP seasons at the same time as Lower Peninsula seasons in all sports; or
3. Switch UP boys and girls seasons in either soccer or tennis.
For a host of reasons in this state and all others, it has made good sense for many sports to schedule boys and girls in different seasons; and for very many years for many good reasons, UP schools have scheduled their seasons differently than LP schools in several sports. So options 1 and 2 were non-starters.
As for the third option: after girls volleyball and girls basketball, the sport for which UP schools least wanted to have switched seasons was tennis. So soccer was the UP sport selected for the court-approved switched seasons for boys and girls.
In July of 2007, the Federal Court denied a Motion by Intervenors to extract UP soccer from its earlier Order so that UP soccer would not be forced to switch seasons for boys and girls. At the same time in a separate Order, the Federal Court denied a Motion to extract LP tennis from the earlier Order.
The LP tennis community was and is as unhappy with the Federal Court Order as the UP soccer community. In fact, LP tennis has had the greatest participation loss of all sports since the seasons changes, including an almost 23 percent decline in boys tennis participation. Almost one-quarter fewer boys are playing high school tennis today than before the seasons switched in the LP!
In any event, the Federal Court determined in 2007 that the switching of boys and girls seasons in LP tennis and UP soccer was legal (after all, the Court itself had offered the changes as acceptable options in 2002); and the Court said that the MHSAA had gone to extremes to explain all the options to schools and listen to their opinions.
Demonstrating their characteristic independence, UP schools have not switched their boys and girls soccer seasons; and some now want the MHSAA to make an exception so they can play in the MHSAA’s fall boys tournament and spring girls tournament. But unlike those schools, which are not specifically addressed in the Federal Court Order, the MHSAA is subject to that Order and cannot make exceptions or grant waivers without violating the Court’s Order.
Based on the rationale of the 2007 Court Order, there is only a slim chance the Federal Court would ever modify its Order. The best chance will occur when there is a Motion filed jointly by the original parties to the lawsuit. It must address both genders, not just girls. It must be a permanent solution, not a temporary exception. It must require no other sport season be changed, for that would just upset another sport community and derail this effort.