Transfers 101
September 21, 2011
A recent blog (“Troubling Transfers”) brought us several responses where the writer had student-specific issues, to which we do not respond here. Questions about a particular pupil should first be addressed to the local school’s administration. If the school needs help with the answer or wishes to prepare a request for waiver, MHSAA staff is ready to help.
One writer sought a list of the 15 exceptions to the automatic ineligibility of a transferring student. Here are brief summaries (not the full rule):
Eight Residency Exceptions –
1. Student moves with the people he/she was living with previously (full & complete).
2. Student not living with parents moves back in with them.
3. Ward of the Court, placed with foster parents.
4. Foreign exchange student moves in with host family who resides in district. Two semesters/three trimesters only.
5. Married student moves into school district.
8. Student moves with or to divorced parent.
12. An 18-year-old moves without parents.
13. A student resides in a boarding school.
Five School Status Exceptions –
6. School ceases to operate, not merged.
7. School is reorganized or consolidated.
9. School board orders safety transfer or enrollment shift.
11. Student achieved highest grade available in former school.
15. New school established; student enrolled on first day.
Two Student Status Exceptions –
10. Incoming first-time 9th grader.
14. Expelled student returns under preexisting criteria.
In three cases (exceptions 8, 12 and 13), an Educational Transfer Form must be completed by administrators of both schools and the MHSAA before the student may participate.
In four cases (exceptions 2, 8, 12 and 13), the exception may only be utilized once by a student while enrolled in grades 9 through 12.
There is also a provision where a student may request a waiver at the subvarsity level for a 9th- or 10th-grade student who has never played any MHSAA tournament sport in high school.
I recognize this is all “un-bloglike,” but the topic of transfers brought some basic and general questions that we could answer here.
Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.