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.
Football Title Reflects Kingsley's Current Success, Recalls Loved Ones Passed
By
Tom Spencer
Special for MHSAA.com
December 1, 2023
Kingsley football fans have become pretty familiar with VIP parking for home games over the last couple of seasons.
They may just start looking for a Kingsley VIP lot at Ford Field. The Stags just captured the MHSAA Division 6 championship trophy with a 38-24 victory over Almont, their second Finals championship and first since 2005.
The road to the Finals started with Kingsley hosting two playoff games, allowing great use of the VIP Parking of Trina’s Touchdown Club. The lot is adjacent to the school’s Rodes Field and provided in loving memory of Katrina “Trina” Kay Schueller, who passed away Oct. 21, 2021, at Munson Medical Center.
Those playoff games filling Trina’s Touchdown Club’s parking lot featured wins over Mason County Central 61-12 and Manistee 37-18, and 51-27 over Gladstone in the Regional Final. Kingsley then traveled down the road and defeated Reed City 37-7 in the Semifinal.
There may not have been designated VIP parking in Cadillac and Ford Field for the Stags’ followers, but there were a lot of VIPs at both stadiums with Schueller on their minds. Pretty much everyone with an affiliation with the highly-successful program or familiarity with the community’s struggles have become VIPs to the Kingsley coaching staff and many others.
Most certainly among the VIPs are head coach Tim Wooer, assistant coach Conner Schueller, his brother Carter Schueller, and his father Mike Schueller.
Conner was set to play the biggest regular-season game of his career the day after his mom passed. It was the regular-season finale against rival Traverse City St. Francis.
Wooer vividly remembers the moments leading up to that matchup, noting how difficult it was for Conner. But his then-fullback and now-assistant coach demonstrated amazing strength and maturity he stills exhibits today.
“He’s in his senior football season, and his mom is in the hospital for four weeks — he’s balancing that playing football and going to school,” Wooer recalled. “And then she passes, and he has the strength to come back to school and deliver the news to our team.
“I am sobbing watching this kid, and I’m just amazed,” Wooer continued. “The next night is Parents Night, and he’s on the field with his dad and brother without his mom.”
Conner still played, making a 4th-down goal line tackle to prevent a St. Francis touchdown. The Gladiators won the game, but Conner won the day, conquering much just to dress for the game.
The Stags went on to playoff wins over Kingsford 28-10 and Clare 32-6. They bowed out with a 33-18 Regional loss to Frankenmuth.
Conner’s junior year of 2020 had been cut short as the Kingsley was forced to forfeit its District Final to Reed City because several players and coaching staff tested positive for COVID-19. The Stags had Ford Field in their minds that season too after playoff wins over 38-13 Standish-Sterling 38-13 and Gladwin 63-16.
Conner, who celebrated his 20th birthday at Saturday’s Final, remembers his playing days and the challenges presented him.
“At the time it was ‘she’s not there,’ especially my senior year she wasn’t there to watch me and finish it out, but I know she’s watching above,” he said. “We were about to go play Reed City my junior year for Regionals, and everyone got sick and it ended our season unfortunately.”
Those challenges were on his mind at Ford Field, and running through his mind when he saw his brother and father in the stands. Carter, now a senior at Kingsley, had been unable to play football due to injuries.
“I thought about my brother – he unfortunately didn’t play this year due to his injuries, and I don’t really blame him for that,” Conner said. “I thought about him as well because it was just me and my dad and my brother now.
“It was very emotional,” Conner continued. “I got a glimpse of him in the strands.”
Carter also was filled with gratitude for the coaching staff for welcoming and mentoring him. He had become keenly aware of the amount of time coaches spend away from family at practices and going through film.
In addition to his family, Conner was thinking about many others in the Kingsley community – and other senior classes like his that didn’t get the chance to celebrate a championship.
He also was thinking about Justin Hansen, a 2003 graduate of Kingsley. Hansen was a captain on the 2002 conference championship team. He went on to become a special-operations Marine sergeant and was killed in action July 24, 2012, while deployed in Afghanistan. Hansen was on patrol as part of an operation in search of a high-value target when his team was hit with small arms fire.
On Saturday, Wooer was wearing a red T-shirt with the letters “USA” on the front and the name “Hansen” on the back. It also featured the number 54, Hansen’s in high school.
Wooer, who turned 54 in July, wore the shirt in Hansen’s memory knowing Hansen would be on the veteran coach’s mind and symbolizing Hansen’s presence with the team at Ford Field.
Wooer wants to make sure Hanson is never forgotten and reminds the soldier’s family the entire community remains behind them.
“I believe it is part of our job as a community to show our love to this family and help in any way possible to help them get through this process,” Wooers said. “After the funeral, we all went about life.
“We certainly still think about Justin and feel the pain,” he continued. “But nothing like a family does.”
Hansen’s tragic passing led to the creation of the annual Patriot Game in Traverse City in 2012 while Wooer was coaching Traverse City West. The game features crosstown rivals West and Traverse City Central every year and strives to honor veterans, first responders, active duty military, and area heroes who died while serving their country.
Saturday’s win over Almont left Wooer emotionally exhausted after all the preparations to do it right for the senior class, the school, the Kingsley community, the Schueller family and Hansen. Collectively, they’ve really become more like a family to the Stags coaching staff and many, many others.
“In terms of emotions, there is no doubt Justin was on my mind throughout the game,” Wooer said. “Trina and Conner have been – those are two huge pieces.
“And, a lot of my thoughts are with the seniors,” he continued. “You want to win the game, but also it is your last time with them.”
Wooer has learned a lot from his former players and coaches over the years. He’s become close friends with many of them, going back to his early days of coaching as a student-teacher at Elk Rapids. He also coached at Farewell and Traverse City West, the latter from 2008-2017 after a first tenure at Kingsley. He returned to Kingsley in 2018.
Schueller is among several former players and coaches who have been on Wooer’s coaching staffs over the years. Several continue today.
“I could give you lots of other stories about kids I have had,” Wooer said. “There comes this transition where they turn into such amazing men, you catch yourself every once in a while saying, ‘I want to be like him.’
“You get this huge smile on your face because you’re so proud of them, just like a mother or father would,” Wooer continued. “A coach always looks at his players like they’re part of his family.”
In addition to Conner, current assistants with long-term relationships with Wooer are Tom Kaleita, Kyle Smith, Ryan Zenner, Dan Goethals, Josh Merchant, Jordan Bradford, Steve Klinge, Connor Schueller, Mike Arlt, Larry Mikowski, Bobby Howell, Rob Whims and Jason Morrow.
This year’s seniors were Jon Pearson, Eli Graves, Skylar Workman, Gavyn Merchant, Max Goethals, Evan Trafford, Bode Bielas, Grant Kolbusz, James Person, Caleb Bott, Trenton Peacock, Noah Scribner and Gavin Dear. They and the coaching staff will be the center of attention as the community celebrates the football team at 7 p.m. this evening in the high school gymnasium.
The seniors probably won’t need VIP parking tonight. But if it would help, Conner would surely make arrangements to utilize Trina’s Touchdown Club. He’d have to add a shuttle though as Rodes Field is about a mile away from the school.
“It feels amazing — I don’t think it really hit any one yet, but I am sure it will,” Conner said. “After we won, it is truly something – it is something else I can’t explain.
“The seniors finally won it the way they were supposed to,” he continued. “It was a good class of seniors.”
Tom Spencer is a longtime MHSAA-registered basketball and soccer official, and former softball and baseball official, and he also has coached in the northern Lower Peninsula area. He previously has written for the Saginaw News, Bay County Sports Page and Midland Daily News. He can be reached at [email protected] with story ideas for Manistee, Wexford, Missaukee, Roscommon, Ogemaw, Iosco, Alcona, Oscoda, Crawford, Kalkaska, Grand Traverse, Benzie, Leelanau, Antrim, Otsego, Montmorency, Alpena, Presque Isle, Cheboygan, Charlevoix and Emmet counties.
PHOTOS (Top) Kingsley students support their classmates during Saturday’s Division 6 Final at Ford Field. (2) Stags assistant coach Conner Schueller watches from the sideline during an Almont run back. (3) Kingsley coach Tim Wooer, in red, prepares to present the championship trophy to his team including Schueller, far right. (4) Trina’s Touchdown Club welcomes members to the VIP lot adjacent to the Kingsley stadium. (Ford Field photos by Hockey Weekly Action Photos; touchdown club photo courtesy of the Kingsley football program.)