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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.

Youth Should be Served

December 26, 2013

A half-century ago, youth sports were not well organized. Children directed most of their own games, playing each sport in its season, moving from touch football in the side yard to basketball in the driveway to baseball in the vacant lot where an apartment building now stands. They walked or rode their bikes to the venues, they brought their own equipment, they chose up sides and they agreed upon the playing rules and ground rules.

Even if young people played on a community team, they spent more time in pickup games on makeshift fields, courts and diamonds than they did in uniforms at the groomed settings of the formal youth league games.

Gradually, the leagues multiplied and the ability groupings stratified. Elite teams were created consisting of the more talented kids, who were really just more mature for their age; and they were provided with the most games, the longest trips and the largest trophies. It didn’t take long for the other players to feel second class and to drop out of one sport or all sports. In time, even some of the “good” players succumbed to overuse injuries and emotional burnout.

By the time most students reached the earliest grades for school sports, many had already found different ways to spend their time. It is often cited and well-documented that, today, 80 to 90 percent of all youth who ever started playing organized sports have stopped doing so by age 13. Before high school.

So it occurs to me that school districts should have both altruistic and selfish reasons to rethink their approach to junior high/middle school sports, which is now to engage students too late and offer them too little. Schools might be able to provide a better experience for the youngsters and create an earlier and stronger relationship with the philosophies of educational athletics at the junior high/middle school level, and that ultimately will strengthen high school athletic programs.

This pursuit will take great care in order to assure that schools themselves do not make the same mistakes we have seen in overzealous youth sports programs. We will have to find the balance where multi-sport experiences are encouraged so middle school students can experiment with new sports and discover what they might really like and be good at, while at the same time provide enough additional contests that interscholastic programs are a more attractive option than non-school programs that may always allow more contests than school people will allow within an educational setting.