Anti-Participation Fees
August 23, 2016
Last month the Michigan High School Athletic Association released results of a survey of its member high schools regarding participation fees – a.k.a., “pay for play.” This was the 12th survey since the 2003-04 school year, making this the largest and longest record of school trends on this troublesome topic.
In spite of almost universal condemnation of the practice of charging students fees to participate in school-sponsored sports, the practice is now ingrained in the fabric of educational athletics, with more than 50 percent of reporting MHSAA member high schools indicating they require at least modest payments as a condition of playing on school-sponsored competitive sports teams.
The most recent survey of 557 reporting high schools revealed 51.5 percent charging fees, the same percentage as the year before, but down from a high of 57 percent two years ago. The percentage of schools with fees exceeded 50 percent for the first time in 2010-11.
While the MHSAA believes participation fees are counter-productive for schools and communities, the MHSAA offers a guide to “best practices” where school leaders have determined there are no better choices for providing necessary financial support for the interscholastic athletic program. Click here for this guide as well as the current and previous surveys.
Among the core values of school sports is a program that is inexpensive for students to play and for families to watch. The program should have great breadth and depth, appealing to many different students and open to all who have interest and meet high standards of eligibility and conduct.
Participation fees that discourage and limit participation are antithetical to these core values of educational athletics.
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.