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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 Complaint Department

May 26, 2015

The MHSAA office is one of the few places of business a person can telephone and still be greeted by a real live person.

Our real live person, Laura Roberts (no relation), has become a favorite of many MHSAA member school employees and registered officials because of her friendliness and command of facts. However, I recently overheard Laura say that the most frequent way she is greeted by other callers is, “I want to register a complaint.”

What is frustrating to Laura, and to the rest of the MHSAA staff, is that the caller’s complaint is so often about something the MHSAA is without authority and responsibility to fix. For example ...

  • Complaints about coaches’ decisions regarding who makes the team and who gets playing time or who is playing what position are misdirected to the MHSAA. The MHSAA does not hire or supervise any coach, and has no authority to intervene in such matters as these; yet the parents’ complaints of this type come often to the state level when they should never ascend above the local school level.


  • Complaints about officials’ decisions during the regular season are misdirected to the MHSAA. The hiring of contest officials outside of MHSAA tournaments is outside the authority of the MHSAA.


  • The same is true regarding the days and times that regular-season contests are held.


  • The same is true relative to the facilities utilized for regular-season events.


  • Complaints about student conduct or training rules are misdirected to the MHSAA. Local boards of education jealously guard their sole authority to determine and enforce rules related to drinking, smoking and good citizenship.


  • Complaints about all-state teams are misdirected to the MHSAA, which has never named a single all-state team in any sport. Sometimes it’s a media group which names these teams; sometimes it’s a coaches association; but it’s never the MHSAA which does so; and neither the media nor coaches associations answer to the MHSAA on such matters.

On these and other topics, the MHSAA is the misdirected target of daily complaints from those who want to better understand why things happen as they do in their niche of school sports. Because there are new constituents to school sports every year, it will be a never-ending test of our patience and professionalism.