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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.

Shortsighted Reform

April 16, 2013

Our posting of March 29 (“Hit Again”), about the mistakes being made in the guise of reforming education, struck a nerve with readers.  And since then, writers with wider audiences have offered similar commentaries, including DeWayne Wickham writing for Gannett as his words appeared on LSJ.com on April 3, 2013:

“The fight against public school closings has become the new civil rights battle in this country – and rightfully so.  Faced with a billion dollar budget deficit, Chicago’s public school system is the most recent urban district to announce a massive closure of schools.  The city intends to shutter 61 elementary buildings, nearly all of them in black and Hispanic neighborhoods.

“That’s a penny-wise-and-pound-foolish decision that condemns the neighborhoods surrounding these soon-to-be-boarded-up schools to further decline.  ‘We have resources that are spread much too thin,’ Todd Babbitz, the chief transformation officer (no kidding that’s his title) of Chicago’s troubled school system, told the Chicago Tribune.  Over the next decade, school officials predict that these closings will save the school system $560 million.  But first the city will have to spend $233 million to move students into classrooms elsewhere.

“Even if the school closings actually produce savings, the damage they will produce to the neighborhoods left without public schools will be catastrophic.  While poverty and crime have decimated the population of many inner city neighborhoods, shutting down schools in those troubled areas will depopulate them even faster.  The result will be a growing expanse of urban wastelands that could well deepen the budget deficits of the cities that are closing public schools.

“Politicians and school officials must be challenged to justify their school closing decision beyond the deal making of Chicago’s City Council.  The U.S. Department of Education’s civil rights division is investigating complaints that claim the decisions of several urban school districts amount to a civil rights violation.  If the school closings don’t violate the letter of the law, they sure seem to trample upon its spirit.  For example, officials in Chicago and elsewhere should turn these school buildings into hubs for nonprofit organizations and other public services.  Why not use the empty space to house police substatations, public health clinics, recreation centers and a mayor’s station?

“School systems in Philadelphia, Washington, D.C., Detroit and Newark have announced plans to close public schools, and in every case blacks and Hispanics will bear the biggest burden of these cost-cutting measures.  These decisions signal an indifference to the damage such policy decisions will have on the neighborhoods.

“‘If we don’t make these changes, we haven’t lived up to our responsibility as adults to the children of the city of Chicago,’ Mayor Rahm Emanuel said.  That’s a pretty shortsighted analysis of a problem that will render large swaths of Chicago’s black and Hispanic neighborhoods uninhabitable education wastelands.”