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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.

Inside Information

September 25, 2015

The source you choose selects your news.

If your source is Fox News, you will get different stories than from ABC, CBS and NBC, and different slants on the same stories.

If your source is publicly supported radio, the news stories will be different than on commercial radio stations; and if you choose Public Radio International, you will hear some topics that are much more frequently and deeply covered than by National Public Radio.

PRI is, for example, where I was following the crisis of refugees fleeing from Northern Africa to Europe long before that story became headlines for other news sources. Did you know, for example, that there are more displaced people in the world today than at any time except World War II?

Similarly, if I were to listen only to coaches of one sport or another, I’m likely to learn about issues that affect that sport, but not much about issues that affect other sports, or affect schools as a whole. Our sources must include input from all sports. 

Our sources must also include the perspective of principals who deal with academics more than athletics and who are as attentive to the essential needs of harassed, homeless, displaced and disabled students as they are to the athletic desires of gifted and talented students.

And our sources must include the even broader perspective of superintendents who are fighting for the financial life of their districts. Sometimes that means they are throwing open the doors of their schools and recruiting students from far and wide to replace the dwindling school age children of their local population.

Ours is an association of schools. Not an association of football coaches, or of all coaches. Ours is an association of schools whose directions are determined by blending top-down with in-the-trenches views.

From our vantage point at the Michigan High School Athletic Association we do not learn about everything happening in our state’s secondary schools. But from the myriad calls, emails and letters we receive and the many meetings we have with administrators, coaches, officials and students, we know much more than those who are on the outside looking in.