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.

U.S. Soccer Gets a Red Card

March 9, 2012

My previous posting paid compliments to a non-school lacrosse organization which appears to share some of the same perspectives we have for young athletes.  Today I express an opposite opinion about U.S. Soccer which has created a “Development Academy” that has announced it is moving to a 10-month season beginning in the fall of 2012.

U.S. Soccer has declared that participants in the Development Academy are prohibited from playing on their local high school teams.  This has prompted criticism from high school coaches who in many parts of the country, including Michigan, will lose some of the more accomplished players to the Development Academy.

The academy’s design follows that of powerhouse soccer nations where, however, high school sports do not exist like they do in the United States, where high school students play on high school soccer teams during defined seasons of the year.

The design of the Development Academy and the exclusive participation that U.S. Soccer is promulgating violates the Amateur Sports Act of 1978, which requires national sport governing bodies to minimize conflicts with school and college programs.  I was involved in the preparation and passage of that law by the United States Congress; I know what it says and what it stands for.  U.S. Soccer is violating the spirit and specific language of the law.

The desire and drive of U.S. Soccer to have U.S. teams excel in international competition is admirable; but its violation of U.S. statutes in the process is deplorable.