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.
Change of Pace
January 30, 2015
Michael Schwimer is little known to us in Michigan. He was a 6-8, 240-pound relief pitcher out of the University of Virginia who was drafted in the 10th round by the Philadelphia Phillies in 2008.
In his minor league career, Schwimer earned 20 wins against 10 losses with a respectable 2.51 ERA. He struck out an eye-popping 12 batters per nine innings.
When Schwimer made his Major League Baseball debut for the Phillies in August of 2011, he served up a game-tying home run to the first batter he faced. He was traded to the Toronto Blue Jays in February of 2013, and was released by the Blue Jays the following August. You might say Schwimer majored in the minors. That’s where he peaked as a professional baseball player.
As a player, Schwimer made few waves. He wasn’t a “game changer.” And yet, he may still be known as one who helped to change the game itself.
Schwimer is widely reported to be the first MLB player to use a glove that was made of synthetics, not leather (which weighs twice as much), and was made using a plaster cast of his hand. It was a custom-made, form-fitting glove.
The result looks almost like a toy glove, fit for T-ball; but MLB gave it a “thumbs up” in December of 2011. MLB players have been warming to the glove, although very slowly.
To which Schwimer responds: “It takes forever for any change to occur. But when change happens, it happens really fast.”
That almost sounds like something Yogi Berra would have said – like, “it takes forever for change to occur, and then it doesn’t.” But experience very often teaches us the truth of this sentiment.
As the MHSAA reprocesses two of its toughest topics ever – out-of-season coaching rules and 6th-graders’ roles in school sports and the MHSAA – it seems like there is no progress toward change. And no change is the possible outcome of both long journeys.
But it’s also possible that, for one or both topics, the time will come when wisdom and will combine to create constructive change, which then seems to be occurring almost overnight.
My hope is that we find that formula before a rash of problems causes a tipping point that results in a rush toward solutions that are poorly conceived and/or politically imposed by outside entities.