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.
Committees Fail Critical Issues
June 7, 2013
Over the years I have become increasingly impatient with the MHSAA’s committee process. On the one hand, it is a nice exercise in democracy to involve each year more than 500 different people on more than 40 standing committees, including at least one for each MHSAA tournament sport. However, it’s too often a superficial process that seems indifferent to or incapable of dealing with the most important issues of school sports.
Typically, each sport committee meets once each year for three to five hours, during which time it considers proposals that come from schools, leagues and the state’s coaches association for the sport; and the proposals most often deal with allowing more regular-season events and more qualifiers to the MHSAA postseason tournament.
Occasionally there is a proposal that might improve sportsmanship. But much more often the proposals would increase conflicts between academics and athletics and/or strain overstressed local budgets. And almost never is there a proposal that would address the health and safety of participants (the Wrestling Committee has been an occasional exception and the Competitive Cheer Committee is a routine exception).
While coaches associations must shoulder some of the blame because they’ve brought MHSAA committees “trivial” topics, at least in comparison to the tougher health and safety topics, much of the cause of MHSAA committee ineffectiveness is that the committees don’t meet long enough or often enough to research serious problems and develop well-thought-out solutions. That is forgivable because it is difficult to get commitments from busy people all across Michigan to be absent from their regular jobs and travel dozens or even hundreds of miles, and to do so multiple times each year – which is what it takes to more fully understand complex problems and more carefully construct solutions. Meetings have to be few and they have to be efficient.
However, facing the worst publicity football has seen since the mid-1970s, we knew we had to supplement the football committee process. We did so by appointing a special Football Task Force of optimum size and experienced, representative makeup to meet on however many occasions are necessary during 2013 to accomplish three purposes:
Typically, each sport committee meets once each year for three to five hours, during which time it considers proposals that come from schools, leagues and the state’s coaches association for the sport; and the proposals most often deal with allowing more regular-season events and more qualifiers to the MHSAA postseason tournament.
Occasionally there is a proposal that might improve sportsmanship. But much more often the proposals would increase conflicts between academics and athletics and/or strain overstressed local budgets. And almost never is there a proposal that would address the health and safety of participants (the Wrestling Committee has been an occasional exception and the Competitive Cheer Committee is a routine exception).
While coaches associations must shoulder some of the blame because they’ve brought MHSAA committees “trivial” topics, at least in comparison to the tougher health and safety topics, much of the cause of MHSAA committee ineffectiveness is that the committees don’t meet long enough or often enough to research serious problems and develop well-thought-out solutions. That is forgivable because it is difficult to get commitments from busy people all across Michigan to be absent from their regular jobs and travel dozens or even hundreds of miles, and to do so multiple times each year – which is what it takes to more fully understand complex problems and more carefully construct solutions. Meetings have to be few and they have to be efficient.
However, facing the worst publicity football has seen since the mid-1970s, we knew we had to supplement the football committee process. We did so by appointing a special Football Task Force of optimum size and experienced, representative makeup to meet on however many occasions are necessary during 2013 to accomplish three purposes:
- Review practice policies to improve acclimatization of players and reduce head trauma.
- Review competition rules to reduce head trauma and the frequency of the sport’s most injurious game situations.
- Develop promotions that extol the value of football to students, schools and communities and the safety record of school-based football.
The promotional efforts have begun to be rolled out; game rule modifications are being investigated; and four proposals for changing football practice policies have been prepared. They will be the topic of our next posting.