Cooperative Concerns

July 12, 2016

When an organization receives positive media attention for a policy change, it’s probably best to accept the praise and get back to work. But that could be too easy and miss some teachable moments.

This summer, the Michigan High School Athletic Association has been the recipient of unqualified praise for allowing two or more high schools of any size to jointly sponsor sports teams at the subvarsity level, and for relaxing enrollment limits so that two or more high schools of the same school district could jointly sponsor varsity teams in all sports except basketball and football.

Media seemed to think that this was something revolutionary in Michigan. In fact, the concept of what we call “cooperative programs” in Michigan was borrowed from other Midwest states and began in Michigan during the 1988-89 school year when seven cooperative programs were first approved. Those seven co-ops involved 13 of the MHSAA’s smallest high schools.

Over the next almost three decades, policies have been revised over and over to assist students in schools of larger enrollments, sports of low participation and schools with special circumstances. All of this is admirable; but to be frank, not all results are positive.

The idea of cooperative programs is to increase opportunity. That has often occurred. But increasingly, schools are entering into co-ops not to create new opportunities for participation where they did not exist, but to save opportunities for participation where existing participation is declining – or worse, to combine two viable teams into one to save money.

This trend, and the slight softening of the fundamental principle of educational athletics – that each student competes for his or her own school’s teams – should soften the praise for our most recent expansion of cooperative programs in Michigan.

Entering 2016-17, the MHSAA has nearly 300 high school cooperative programs for nearly 500 sports teams, and nearly 100 junior high/middle school cooperative programs for approximately 340 sports teams. A growing number are not being created with the lofty goals of 1988-89. Instead of the word “create,” we more often see the word “survive” in the cooperative team applications.

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.