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Cooperative Spirit
May 13, 2016
The 2016-17 school year will be the 29th since “cooperative programs” were first approved for MHSAA member high schools; and in that first year, it was but a modest step: two or more MHSAA member high schools whose combined enrollment did not exceed the maximum for a Class D school (then 297) could jointly sponsor a team. The intent, of course, was to help our very smallest member schools generate enough participants to have a viable program in one or more sports that was of interest to some of their students.
Over the years, the cooperative program concept has expanded to member schools of larger enrollment and to member junior high/middle schools. As of April 7, 2016, there were 260 cooperative programs at the high school level involving 450 teams, as well as 88 cooperative programs at the junior high/middle school level for 331 teams.
During the 2016-17 school year, there will be two new opportunities for MHSAA member schools to consider with respect to cooperative programs.
First, cooperative programs will be an explicitly stated option at the subvarsity level in any sport.
Second, maximum enrollments have been eliminated to help public multi-high-school districts start and complete competitive seasons in communities that have struggled to sustain programs in baseball, bowling, girls competitive cheer, cross country, golf, soccer, girls softball, tennis and wrestling. This is a three-year experiment.
It is declining enrollment more than a desire to save money that the MHSAA Executive Committee looks for when approving cooperative programs. Combining enrollments to create new or preserve existing programs is the intent; co-oping to reduce expenditures is not.
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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.