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Back in the Game

September 8, 2015

Finally, at long last, public schools can begin again to open their classrooms to educate students. Most of our state’s college and university classes began a week or more ago. Most of our state’s private secondary schools began classes a week or more ago. Schools in most other states began a week or more ago.

But Michigan public schools stumble to the starting line long after the race has started almost everywhere else.

Each week during the four weeks since I last wrote about this topic, students in Michigan’s public schools have fallen further and further behind other students across the U.S. and the planet.

When colleges complain that our students are not college ready, think about this. When other states win the new business we seek for Michigan, think about this.

A school year start that competes with the rest of the nation and a school year length that competes with the rest of the world – these are two changes Michigan needs to give us a fair chance.

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.