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.

Summer School Sports

October 14, 2014

We are talking statewide about changes in MHSAA policies that some constituents think are overdue but that many other constituents find are over the top. For example:

  • Permitting MHSAA member junior high/middle schools to engage students prior to the 7th grade, and to schedule longer contests, more contests and even MHSAA Regional tournaments; and


  • Permitting member school coaches to engage more with their student-athletes outside their defined school sports seasons.

From my perspective, these are the kinds of moves to make to assure a future for school-based sports, for wherever and whenever we have paused or imposed a restriction, there and then non-school coaches, programs and “handlers” have moved in; and some of them have not played nicely. And the more I’ve seen non-school currents pollute the waters of school sports, the less I’ve wanted to restrict the engagement of school coaches out of season or confine school sports to traditional seasons.

What we are talking about today are not only overdue changes, they are insufficient if we really want to return school sports to the central, most coveted and compelling sports experience for youth. To more certainly assure that future role, we should be doing more than merely adjusting our outdated junior high/middle school programming to fit the modern world where children begin to play at younger ages and compete at higher levels than is currently allowed for MHSAA member schools. Our 1950s philosophy for the junior high/middle school level does not fit 2014 reality.

But we shouldn’t stop there. We should also be rethinking and retooling the high school level with an innovative school-sponsored and conducted summer season that includes school seasons and MHSAA tournaments in ...

  • Coed team tennis.


  • Coed golf in the Ryder Cup format.


  • Non-contact 7-on-7 football for boys, and flag football for girls.

And there obviously could be much more that would be fun and engaging and educational for our students.

Certainly, there will be objections, and most will center on finances. But if non-school sports have figured out ways to finance programs in what are now our off seasons, we too can figure out ways to pay for our new summertime programs.