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.
A Backhanded Compliment
April 17, 2012
A year ago this month I listened to the attorney for another statewide high school athletic association pose this question: “Why is it that people quite readily accept inflexible age limitations over a broad spectrum of American life, including sports, but presuppose it is wrong for school sports?”
This attorney was in the middle of a controversy that more recently has visited the MHSAA: an overage student seeking relief from a universally applied maximum age rule. The speaker was perplexed and frustrated by the double standard.
Part of the reason for the double standard rests in the reality that people value the school sports experience so much more than other parts of life, including other sports experiences. Because they want the opportunity to play, they resort to litigation in an attempt to create the right to play.
Another part of the reason school sports is challenged on an issue on which other programs get a free pass is that school sports has a centralized authority, close to home. State high school associations are readily accessible targets, easier both to find and to fight with than most other entities with age restrictions.
And, of course, part of the reason for the double standard is the proximity of interscholastic athletics to academics – the former extracurricular, the latter curricular – the former a privilege for most teenagers, the latter a right of all citizens to age 26.
The reasons school sports are attacked on this issue while other entities are not are reasons really complimentary to school sports: the program is popular, accessible and connected to education. None of these features of school sports, or its age limitation, should change.