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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.

Playoff Proposal Pauses

May 10, 2013

During the MHSAA Football Finals at Ford Field last November, I was approached by representatives of the Michigan High School Football Coaches Association with a request to have the MHSAA’s computing capabilities crunch the numbers for a concept that a couple of the coaches association’s members had for revising the MHSAA Football Playoff point system.

Within a few weeks the MHSAA hosted a meeting that brought together the coaches who introduced the concept with our numbers crunchers; and within a few days our staff had outlined the principles, revised the point system and retrofitted it to show how the system would have affected the 2012 playoffs.

There was initial excitement that we might be onto something, but that brief infatuation began to wane as we dug deeper and discussed the plan more widely.

The key ingredients of the proposal are (1) that a school would gain playoff points for every game its opponent wins, whether or not that school defeated that opponent, and (2) that the number of automatic qualifiers would be reduced in favor of a larger group of additional qualifiers based on a revised playoff points system that would favor schools which schedule larger and more successful opponents.

In spite of our staff’s helpfulness in bringing this proposal forward, we’ve lost optimism that it will accomplish what is hoped.  Rather than making regular-season scheduling easier, it could make it harder as the “six-wins-and-in” mindset is replaced by the even worse “seven-wins-and-in” mindset.  And any system that ignores a minimum number of wins and relies entirely on playoff points is even less fair than the current system to schools in the less densely populated areas of Michigan.

From our retrofitting of the proposed concept to the 2012 season, we know that teams with 6-3 records would be displaced in the playoffs by teams with 4-5 records, which is certain to go down badly and be difficult to explain to those communities.  The revised point system would make it even more difficult than the current system for schools in less populated areas to find opponents of the size and strength to generate high playoff point averages without these schools driving 100, 200, 300 or more miles, one way, several times each season.  For individual schools and some entire leagues, this will make football scheduling tougher, not easier.  It is likely to add stress to those league affiliations, and to football scheduling generally.

In any event, there is no need to rush to 2013 or 2014 a proposal that’s called “Enhanced Strength of Schedule System” because schedules are 99 percent set for 2013 and nearly so for 2014.  Even if adopted today, few schedules would be impacted before 2015.  If a change like this one is to be implemented, schools must have ample notice, and our technology department must have enough time to program the new point system and then test it through an entire season.

The Representative Council acted wisely on May 6 when it paused the progress of this proposal.  Some elements of it may be discussed at the MHSAA’s scheduled meetings this summer and fall.