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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.

Inclusion Then and Now

October 24, 2017

It is accurate to say, and we can be proud that it is true, that there was no more inclusive state high school athletic association in the country at its inception than the Michigan High School Athletic Association.

In Michigan from the official beginning of the MHSAA, ours was one single athletic association. Not separate associations for schools with black students and white students, like some states then. Not separate associations for public schools and private schools, like some states. Not separate associations for big city schools and other schools, like some associations.

This association is unique in the U.S.: From its creation in 1924, by state law, open to urban and rural schools, black and white schools, public and private schools, and both high schools and junior highs. The MHSAA may be the only state interscholastic athletic association that can say all four of those statements were true at its inception.

We have in Michigan a legacy of inclusion that is second to none.

In recent years, we have added to this tradition through the inclusion of 6th-graders who, as a result of a change in the MHSAA’s Constitution in 2015, are now benefiting from MHSAA services, support and rules-making.

But, to be honest, the MHSAA has slipped some in comparison to the expanded inclusiveness of other state interscholastic athletic associations:

  • Compared to Illinois, Ohio and Tennessee, for examples, we do not sponsor and conduct events for junior high/middle school students, even when those students seek to compete under the MHSAA brand and banner.

  • Compared to many states, we are slower to add new sports for high school tournaments, even when students clamor for the opportunity to represent their schools in competition.

  • Compared to many states, we are slower to add programming for students with disabilities.

The MHSAA and its members cannot be all things to all people – that could obscure our mission and it would exceed our resources. But we should consider programming for more people.

The future of our society is in full-service schools developing the whole child in mind, body and spirit; and an essential ingredient of full-service schools is interscholastic athletics and activities. The ideal must be to serve the whole child and, as much as possible, the whole community of children.

That secures the future of schools and school sports as well as communities and their children.