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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.

The Old Is New Again

October 23, 2015

In the hidden back reaches of my closet at home I’ve kept some ties, suits and pants I have not worn for many years, forgotten as I purchased or was given newer and more fashionable clothes. Needing space, and heeding my wife’s suggestion that it was time to donate what I never wear, I gave my wife a fashion show of my long-neglected wardrobe. I wanted her help to decide what to discard.

Some of the items I modeled brought back memories of happy times, like weddings and reunions; others of sadder times, like funerals. Some items were laughably out of style. But, surprisingly, some of the oldest items looked the best ... almost as good as the most recent additions to my wardrobe. They were, in fact, back in fashion.

This caused me to recall that some of the discarded policies of educational athletics are working their way back in fashion.  For example …

  • For many years, even after many states changed their rules, the MHSAA was criticized for prohibiting member schools’ students from wearing full equipment at and participating in the full-contact summer football camps of universities and commercial organizations. Now, with greater attention to improving acclimatization and reducing head contact in football, other states are returning to the policies we never discarded: contact-free out-of-season football camps and clinics.

  • Equally “dishonored” by those who believe there is never too much of a good thing have been MHSAA rules that limit the number of contests and the distance of travel. After years of more and more of everything, the new normal of severely limited school sports budgets makes our modest schedules more virtuous than ever.

  • For many years, MHSAA policy has stood apart from most states by limiting students to competing in only one level of a sport in a single day … no JV and varsity in the same day, no fifth or sixth quarter rule. Now, with even greater attention to reducing head and overuse injuries and other student health and safety issues, our rules look both protective and progressive, not overly restrictive.

If a man waits long enough, even his narrowest tie or widest lapel will be back in fashion; so what makes me cling to old clothes also makes me think twice about changing established rules. It is just as difficult to restore a discarded rule as it is to wear a discarded jacket.

It’s always easier to relax a policy than to restore it when we rediscover we need it.