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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.

Less Means More

June 4, 2013

About a decade ago a trend began that is nearly a tidal wave today.  An exceptionally drastic act a decade ago is now an expected rite of each spring and summer.  Beginning in April and extending to September, trained and experienced athletic directors leave their jobs, and no one really replaces them.

Casualties of burnout and buyouts – in either case caused by a reduction of discretionary resources for local schools – full-time athletic directors retire or resign or are reassigned.  Replaced by part-time personnel or a school district employee with more hyphens in the job title than digits in the take-home pay.

The natural first reaction of the MHSAA was to think about ways to simplify and reduce the responsibilities it asks athletic directors to handle.  To dumb-down the expectations, if you will.

But lately, we’ve realized that first reaction is the wrong response to the cutbacks at the local level.  The better response – the necessary response – is for the MHSAA to both demand more and do more, in each case, to assure schools are maintaining a program worthy of the label “educational athletics.”

Here’s just some of what’s been happening as the MHSAA attempts to plug the holes that school districts have been opening in interscholastic athletic programs as they reallocate their precious resources:

  • First-year athletic directors are required to attend an in-person orientation at the MHSAA.  For other athletic directors, the MHSAA conducts league-based programs each August and six regional Athletic Director In-Service programs in September and October.  For athletic department secretaries the MHSAA began a separate in-service program in 2012.
  • Beginning in 2012-13, the MHSAA has provided athletic department management software to member high schools free of charge, and two dozen face-to-face training sessions have been conducted.  The software is progressively integrating local tasks with MHSAA policies and procedures, both to reduce the workload and improve rules compliance at the local level.
  • While frequent coaches meetings and meaningful mentoring were once the expectation of athletic directors, their lack of time and experience has resulted in less effective supervision of coaches.  This led a decade ago to a retooling of the MHSAA’s coaching education program – the Coaches Advancement Program – which the MHSAA delivers anytime to school districts anywhere they can assemble their coaches.  Currently, the MHSAA is advancing three enhancements to the preparation of coaches in the critical area of participant health and safety.

o On May 5, 2013, the Representative Council adopted the requirement beginning in 2014-15 that all assistant and subvarsity coaches complete the same online rules meeting as varsity head coaches or, in the alternative, one of the free online health and safety courses posted on MHSAA.com.

o The next two enhancements to be considered are (1) the requirement that all varsity head coaches hold current CPR certification (as of 2015-16); and (2) that all varsity head coaches hired on or after July 1, 2016 have completed CAP Level 1 or 2.

  • The MHSAA’s adoption of a “Model Policy for Managing Heat & Humidity” is another example of pushing forward on critical issues of school sports and not assuming that under-resourced and understaffed school athletic departments will have the time to develop and adopt their own policies and procedures that are appropriate for school-based, student-centered sports.

As schools find they must do less, the MHSAA sees it must do more.  That wasn’t the design for school sports in Michigan, but now the times demand it.