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.
Visualizing Transfers
January 30, 2018
There are two visual aids to bring to the discussion of the transfer rule serving school sports in Michigan.
One visual is of a continuum, of a line drawn across a page, with 50 dots representing the transfer rules of the 50 states, with the more liberal or lenient rules to the left and the more conservative or strict rules to the right.
The dot for Michigan’s rule would be well to the left of center. The basic rule calls for an approximately one-semester wait for eligibility after a transfer, but with immediate eligibility if one of the 15 stated exceptions applies to the student’s circumstances.
The majority of states have a longer period of ineligibility and fewer built-in exceptions.
The second visual is of a playground teeter totter.
Sitting at one end are the majority of school administrators of Michigan (about two-thirds) who want a tougher and tighter transfer rule, with a longer period of ineligibility and fewer exceptions.
At the other end of the teeter totter is parents of school-age children, some unmeasured portion of which believe there should be no limitations in how or where they educate their children, whom they believe should have full and immediate access to all school programs at any school they choose for their children.
In the center, at the teeter totter’s fulcrum, is the Michigan High School Athletic Association, helping parents hear school administrators, and vice versa.