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.
Classes or Divisions
April 4, 2014
Never is the continuous cycle of school sports more obvious to me than at this time of year. Just as winter tournaments conclude for 2013-14, we post the classifications and divisions for MHSAA tournaments in 2014-15.
Unlike many states which reclassify every two, three or four years, we collect enrollment figures each year and redraw the lines between Classes A, B, C and D each year in late March. And for all sports except basketball and volleyball, we place an almost equal number of schools that actually sponsor the sport into equal divisions – usually four divisions, but fewer for sports that are sponsored by a relatively small number of schools.
This traditional treatment of boys and girls basketball and girls volleyball – continuing with four classes rather than four divisions with an equal number of schools that actually sponsor the sport in each division – reflects that when last considered for change 17 years ago, there wasn’t much difference in the number of schools in the four classes vs. the four equal divisions in these three tournaments.
For 2014-15, of the 749 MHSAA member schools, 724 indicate they sponsor boys basketball, 716 sponsor girls basketball and 704 sponsor girls volleyball. (Among the sports in equal divisions, the most populous is baseball with 630 sponsoring schools.)
Last January, the MHSAA Classification Committee requested that staff provide the Representative Council what the numbers would look like for 2014-15 if these three sports were in “equal divisions” like other sports. The Classification Committee wasn’t recommending any change – just asking that the Representative Council see the numbers again.
- In boys basketball, the number of schools in Divisions 1, 2, 3 and 4 would be 181, compared to 188, 182, 182 and 172 in Classes A, B, C and D, respectively.
- In girls basketball, the number of schools in Divisions 1, 2, 3 and 4 would be approximately 179, compared to 186, 181, 182 and 167 in Classes A, B, C and D, respectively.
- In girls volleyball, the number of schools in Divisions 1, 2, 3 and 4 would be approximately 176, compared to 186, 178, 180 and 160 in Classes A, B, C and D.
Obviously, every time more schools are placed in a division, the enrollment range between the largest and smallest school of that division expands. Therefore, a change to equal divisions places more schools and expands the enrollment range in the division of schools where enrollment spreads have the greatest impact - Division 4. It was our smallest schools that least liked the change to equal divisions in other sports 17 years ago. They would be the dissenters to this change for basketball and volleyball today.