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Transfer Trends

October 15, 2013

A glance at the handbook of any statewide high school athletic association informs you that transfers have been the most problematic eligibility issue across the country over the years. In the MHSAA Handbook there are 12 high school athletic eligibility regulations covered over 25 pages, and one-fourth of these pages are devoted to one rule: the transfer regulation.

The MHSAA’s transfer rule casts a broad net over the turbulent waters of school sports . . .

  • Waters stirred by the inherent nature of athletics where people often look for competitive advantage, and sometimes look for it in inappropriate places;
  • Waters made more choppy by the domestic discord in which increasing numbers of students reside; and
  • Waters made rougher still by economic hardships in which more families seem trapped.

Add to this bullying, cyber bullying and hazing from which students seek to escape, and transfers seem epidemic.

Because the transfer regulation catches some “fish” in its wide net that it should not snare, schools have a mechanism to request waivers from the Executive Committee. Last school year, 352 waiver requests were made and 265 were approved.

It is readily admitted that the net fails to snatch some fish that it should catch and withhold from competition for a semester or longer. The most obvious and egregious of those occur when a student changes schools for reasons related to sports and without compelling medical or family reasons. More of those will be snared beginning in 2014-15, and those that are will face a period of ineligibility that is twice as long as other students who are ineligible under the basic transfer rule.

The new rule (click here and go to Appendix B in the Summary of RC Action) links extended ineligibility after a transfer to certain activities before the transfer. If a student played high school sports during the previous 12 months and did one of the “linking” activities to the new school, and if that student is ineligible for one semester under the basic transfer rule (none of the 15 automatic exceptions applies), then the period of ineligibility is doubled in the sport in which the links exist: two semesters instead of one.

This is not the end of the story, but merely the next chapter to develop and administer a transfer rule that facilitates quick eligibility for more deserving situations and extended ineligibility for more athletic related changes.

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.