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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.

Fewer but Bigger Changes

June 22, 2015

Accelerating a nearly decade-long trend, there was a sharp decline in the number of sport-specific proposals from MHSAA committees to the Representative Council during 2014-15 – in fact, the smallest number of recommendations for change in more than 30 years.

The dearth of proposals from some sports means all is well; however, for other sports, it only means that proposals to effect some major changes were not yet ready for prime time. For example, several sport communities are interested in seeding some aspects of their MHSAA tournaments, but they have a lot more work to do to draft the details and to develop broad support within their sport across Michigan.

The Representative Council has taken advantage of the repose to advance policies that extend across multiple sports and years. For example ...

  • The three-year phase-in of additional health and safety requirements for coaches. The second step – CPR certification for all high school varsity head coaches – commences Aug. 1, 2015. The third step – that all high school varsity coaches hired for the first time in Michigan after July 31, 2016, complete the Coaches Advancement Program Level 1 or 2 – takes effect with the 2016-17 school year.


  • The focus on concussion care in both practices and events of all levels of all sports. School year 2015-16 brings new reporting and recordkeeping requirements for member schools, as well as MHSAA-provided medical insurance protection for all eligible athletes, grades 7 through 12.


  • Changing out-of-season coaching rules. While the membership didn’t rally toward a totally new approach during the past year’s discussions, consensus did coalesce around four substantive changes to the current approach to manage and monitor out-of-season coaching, which the Council approved to take effect in 2015-16.


  • The proposed amendment to allow school membership in the MHSAA to begin with the 6th grade. Discussion on this topic resumed two years ago and it will continue through constituent meetings this summer and fall prior to the membership’s vote in late October. The change, if approved, would take effect Aug. 1, 2016.