Regulation with Roots
December 3, 2015
By Jack Roberts
MHSAA Executive Director
The following is an excerpt from “History, Rationale and Application of the Essential Regulations of High School Athletics in Michigan.”
Throughout the years, schools of this and every other state have identified problems relating to school transfers.
There is recruitment of athletes and undue influence. There is school shopping by families for athletic reasons. There is jumping by students from one school to another for athletic reasons because they couldn't get along with a coach or saw a greater opportunity to play at another school or to win a championship there. There is the bumping of students off a team or out of a starting lineup by incoming transfers, which often outrages local residents. There is the concentration of talent on one team by athletic-motivated transfers. There is friction between schools as one becomes the traditional choice for students who specialize in a particular sport. There is imbalance in competition as a result. And there is always the concern that the athletic-motivated transfer simply puts athletics above academics, which is inappropriate in educational athletics.
All states have developed rules to address the problems related to school transfers. In some states it is called a transfer rule and in other states a residency rule, because linking school attendance to residence is one of the most effective tools for controlling eligibility of transfers. None of the state high school association rules is identical, but all have the intention of preventing recruiting, school shopping and jumping, student bumping, friction, imbalance and overemphasis, as well as the intention of promoting fairness in athletic competition and the perspective that students must go to school first for an education and only secondarily to participate in interscholastic athletics.
The transfer/residency rule is a legally and historically tested but still imperfect tool to control athletic-motivated transfers and other abuses. It is a net which catches some students it should not, and misses some students that should not be eligible. This is why all state high school associations have procedures to review individual cases and grant exceptions; and why all state high school associations have procedures to investigate allegations and to penalize violations where they are confirmed.
Over the years, state high school associations have considered four options to handle transfers. The first two options are the easiest courses: either (1) let schools decide themselves about transfers, as Michigan once did, but this leads to inconsistent applications and few states now subscribe to such an approach; or (2) make no exceptions at all, rendering all transfer students ineligible for a period of time, but this becomes patently unfair for some students and no state high school association subscribes to that extreme, although it would be easy to administer.
The third option – the ideal approach perhaps – would be to investigate the motivation of every transfer and allow quicker eligibility or subvarsity eligibility to those which are not motivated by athletics, but this is very time consuming if not impossible to administer. No state high school association has sufficient staff and money to consider every detail of every transfer.
This is why a fourth option has been most popular with most state high school associations. This is a middle ground which stipulates a basic rule, some exceptions (15 exceptions in Michigan), and procedures to consider and grant waivers (a primary role of the MHSAA Executive Committee).
It is certain that the MHSAA transfer rule is imperfect. However, whatever few imperfections exist are remedied through a process by which member school administrators may make application to the MHSAA Executive Committee to waive the rule if, in the committee's opinion, the rule fails to serve any purpose for which it is intended or in its application creates an undue hardship on the student. In a typical year, the Executive Committee will receive approximately 250 requests to waive the transfer regulation, approving approximately 60 percent of those requests.
The committee brings to its considerations the following rationale, most recently reviewed and reaffirmed on Aug. 5, 2015:
- The rule tends to insure equality of competition in that each school plays students who have been in that school and established their eligibility in that school.
- The rule tends to prevent students from “jumping” from one school to another.
- The rule prevents the “bumping” of students who have previously gained eligibility in a school system by persons coming from outside the school system.
- The rule tends to prevent interscholastic athletic recruiting.
- The rule tends to prevent or discourage dominance of one sport at one school with a successful program, i.e., the concentration of excellent baseball players at one school to the detriment of surrounding schools through transfers and to the detriment of the natural school population and ability mix.
- The rule tends to create and maintain stability in that age group, i.e., it promotes team stability and team work expectation fulfillment.
- The rule is designed to discourage parents from “school-shopping” for athletic purposes.
- The rule is consistent with educational philosophy of going to school for academics first and athletics second.
- It eliminates family financial status from becoming a factor on eligibility, thus making a uniform rule for all students across the state of Michigan (i.e., tuition and millage considerations).
- It tends to encourage competition between nonpublic and public schools, rather than discourage that competition.
- It tends to reduce friction or threat of students changing schools because of problems they may have created or because of their misconduct, etc.
Following the adoption of a more standardized statewide transfer rule in 1982, there were multiple legal challenges. However, in 1986, the Michigan Court of Appeals determined that a rational basis exists for the transfer regulation and that the rule, with its exceptions, is not overbroad and is neither arbitrary nor capricious, noting that neither a fundamental right nor suspect classification is involved. Berschback v. Grosse Pointe Schools 154 Mich App 102 (1986). That decision is also noteworthy for this statement which has halted or decided subsequent legal challenges: “This Court is not the proper forum for making or reviewing decisions concerning the eligibility of transferring students in interscholastic athletics.”
There were two major changes in the MHSAA transfer regulation during the 1980s. The first, the athletic-motivated transfer rule, led to the busiest period of litigation in the MHSAA’s history. The other major change, arguably of equal impact, was implemented without any controversy.
This second subtle but substantial change occurred in 1987 when language was adopted to limit eligibility after a transfer to the non-public school closest to the student’s residence, as opposed to any non-public school in whose service area the student lived. “Service area” did not have a consistent definition and created unnecessary concern that non-public schools had the advantage of huge, undefined attendance areas, compared to public school districts at that time.
Some high school associations prescribe geographic boundaries or mileage limitations for students transferring to non-public schools. Michigan simply says it’s only the non-public school closest to the student’s residence, where eligibility may be immediate.
PHOTO: The MHSAA Transfer Regulation dates back to the early 1980s when the Association building stood on Trowbridge Road in East Lansing.
EGR's Newton Returns to Rink Amid Speedy Recovery from Double Lung Transplant
By
Dean Holzwarth
Special for MHSAA.com
January 22, 2025
EAST GRAND RAPIDS – The last thing Chris Newton wanted to do was miss any time away from the hockey rink this season.
But when the East Grand Rapids hockey coach received a 3 a.m. phone call last month, he knew it was inevitable.
Newton also knew he would be receiving the possibility for a longer life and an opportunity to continue his lifelong passion.
Newton, who was diagnosed with cystic fibrosis at 4 months old, received news that a set of donor lungs was available, and he began the process of undergoing a second double lung transplant.
“I get a call and it was a 616 number so I knew exactly what it was, but I was totally shocked,” Newton, 35, said. “I definitely didn’t go back to sleep after that, and my mom was there visiting and everyone was surprised that it happened so quickly. If they find a good set, you can’t pass on it.”
Newton, a former Farmington High School goalie and assistant coach, had his first double lung transplant eight years ago.
“It was always in the cards that I would need one,” said Newton, a senior on the 2007-08 team that reached the Division 2 Semifinals and later an assistant coach for his dad, the late Bill Newton, with the 2013-14 Falcons squad that won the Division 3 title.
“I have a weird CF gene, and I don't qualify for the really good medicine they make that has made a difference in a lot of people's lives. A transplant was my only option as my health was decreasing pretty rapidly. And then, after eight years, you get rejection and they call it CLAD (chronic lung allograft dysfunction). The body starts rejecting lungs even though they had been good for like six years.”
Newton was diagnosed with CLAD two years ago, and it started slowly progressing.
He re-listed for another transplant in November, and 14 days later received the good news. It was two days after he collected his 100th career coaching victory.
“In comparison, the first time it was a 3½ month wait,” Newton said. “I had surgery on Dec. 10 at Corewell Health, and I came back to practice on Jan. 6. I missed two weeks of hockey with the three-week break we had, so it worked out.
“I feel great, and it's crazy to be back so quickly, but I feel good. The other sickness I have is coaching. I’m almost addicted to it when it's hockey season, and it’s really the only thing I think about. It’s what I do during these months, and it’s how I’m wired. When it happened, it was like this is perfect timing. I’m barely going to miss anything.”
The EGR hockey community has supported Newton throughout his transplant and recovery, and his players were motivated to give their best effort with their coach on the mend.
“Obviously it's been a long road for him, and it’s not the first time he has had this double lung transplant,” EGR senior center James Albers said. “It’s been pretty incredible, and all the guy wants to do is just coach hockey. He puts in all the fight, so I think the guys rally around him and want to do it for him, get big wins.
“We didn’t talk about it, but we wanted to play our best hockey for him because all he wants to do is show up at the rink for us. I have people at school ask me all the time how he’s doing, and it’s awesome to tell them that he looks incredible and is back on the ice after only a month.”
Senior Owen Stropkai has been on the varsity since his freshman year and has become close with his beloved coach.
“It’s great to have him back, and the positivity that he brings is awesome,” Stropkai said. “Every day it's a new level, and our team pushes for him. What he's been going through is horrible, but we think of him every day and grind together for him. He’s a great guy.”
Grant Newton, EGR’s associate head coach and no relation, took over the program in Chris Newton’s absence.
“We have a really good relationship, and we are close off the ice,” Chris Newton said. “I coached him at Farmington when we won a state championship, and he has helped me get the program to where it is.
“I went to him this summer, and we had a plan in place. I made sure he was comfortable taking over for me, and he did a great job.”
Chris Newton, whose family includes wife Jessie and sons Liam (6) and Carter (3), has transformed EGR into a perennial powerhouse the past few years.
The Pioneers have made back-to-back appearances in the Division 3 Final. They lost to Bloomfield Hills Cranbrook-Kingswood 3-2 in triple overtime last year and suffered a 3-2 loss to Flint Powers Catholic in 2023.
EGR reeled off seven straight wins to open this season and is currently 12-3-1 and tied for first in the Ottawa-Kent Conference Rue despite heavy graduation losses last spring.
“The one thing that is great about this team is we haven’t stopped what we've been doing the last two years when we’ve had success,” Chris Newton said. “We’re sticking to details and making it more about the program than individuals.
“Our motto this year is being uncommon. I wanted that way back in the summer before this even happened. The motto has stuck to me, that I'm uncommon, but I wanted our kids to compete and be uncommon daily, and they’ve done that. It’s been a great group to be around and a group I wanted to get back to as quickly as I could.”
Chris Newton was blessed to have a superb transplant team help him navigate the process.
“The people there were great, and my surgeon was absolutely incredible,” he said. “They are good and talented people, and the nursing staff made it way easier than I expected.
“Obviously, no guarantees or anything, and everything is going well right now,” he added. “I’m still being seen a lot and being tested, but no number can be put on it. Eight years was a good run with the first set, but you just don’t know. I don’t have a crystal ball as to what will happen.”
Dean Holzwarth has covered primarily high school sports for Grand Rapids-based WOOD-TV for five years after serving at the Grand Rapids Press and MLive for 16 years along with shorter stints at the Ionia Sentinel and WZZM. Contact him at dream100@comcast.net with story ideas for Allegan, Kent and Ottawa counties.
PHOTOS (Top) East Grand Rapids hockey coach Chris Newton instructs his team during a practice. (Middle) Newton directs his players on the bench during a game. (Below) Newton takes a photo with members of this season’s EGR team. (Photos by Grant Newton.)