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.
Making a Statement
June 17, 2015
Amid the horrific destruction of Baghdad, the conductor of the Iraqi National Symphony Orchestra, Karim Wasfi, is making a statement. Mr. Wasfi has been carrying a chair and his beloved cello to the exact locations where violence occurs, very shortly after it occurs, and he plays.
With the roar of car bombs still ringing in ears and rubble still smoking, Wasfi plays. He told National Public Radio: “The other side chose to turn every element, every aspect of life in Iraq into a battle zone. I chose to turn every corner of Iraq into a spot for civility, beauty and compassion.”
The response of this single citizen to the catastrophic chaos in his city and country is especially powerful because of the beauty of his music amidst the brutality of civil war; but neither his gift nor the jolting juxtaposition should cause us to miss the message that our response to overwhelming problems could be and should be like his, even if less newsworthy from the perspective of a national radio broadcast. For example ...
- We can wring our hands in despair that the Earth’s increasingly polluted air, land and waters are so far gone and the problem is of such great scale that nothing we could ever do will change things; or, we can choose to turn every corner of our little slice of the physical world into a less polluted place. We can make a statement.
- We can weep over the slaughter of elephants, the leveling of mountains or the razing of forests or jungles by crooks or corporations that cannot see the consequences of their reckless avarice; or, we can choose to make our neighborhoods spots of beauty, conservation and sustainability. A statement.
- We can cry ourselves to sleep over humanity’s inhumanity to those who look, dress or worship differently; or, we can choose to make our little community a welcoming place for refugees where long-suffering and persecuted people can feel safe and hopeful. A statement.
- And we can become frustrated that the values of school sports are so regularly undermined by the excesses of youth, college, professional and international sports that it feels hopeless to hang onto what we believe; or, we can choose to devote ourselves to maintaining our little niche of the sports world as a more principled place ... where scholarship, sportsmanship, safety and a sensible scope are recognizable and reliable core values. A statement.
The great conductor carrying his chair and cello to the rubble is real. It’s also a metaphor which reminds the rest of us of other daunting problems and the opportunity each individual person has to make a meaningful response – a clear statement – where we live, work and play.