Disappointing Seasons
June 24, 2013
It is appropriate to take the longest day of the year to address one of the long tails of the longest lawsuit in MHSAA history.
In August of 2002, a US District Court gave Upper Peninsula schools three choices for remediating gender discrimination in their sports seasons. They were told to switch seasons for girls volleyball and basketball and do one of three additional things:
1. Place boys and girls in the same season in all sports; or
2. Place UP seasons at the same time as Lower Peninsula seasons in all sports; or
3. Switch UP boys and girls seasons in either soccer or tennis.
For a host of reasons in this state and all others, it has made good sense for many sports to schedule boys and girls in different seasons; and for very many years for many good reasons, UP schools have scheduled their seasons differently than LP schools in several sports. So options 1 and 2 were non-starters.
As for the third option: after girls volleyball and girls basketball, the sport for which UP schools least wanted to have switched seasons was tennis. So soccer was the UP sport selected for the court-approved switched seasons for boys and girls.
In July of 2007, the Federal Court denied a Motion by Intervenors to extract UP soccer from its earlier Order so that UP soccer would not be forced to switch seasons for boys and girls. At the same time in a separate Order, the Federal Court denied a Motion to extract LP tennis from the earlier Order.
The LP tennis community was and is as unhappy with the Federal Court Order as the UP soccer community. In fact, LP tennis has had the greatest participation loss of all sports since the seasons changes, including an almost 23 percent decline in boys tennis participation. Almost one-quarter fewer boys are playing high school tennis today than before the seasons switched in the LP!
In any event, the Federal Court determined in 2007 that the switching of boys and girls seasons in LP tennis and UP soccer was legal (after all, the Court itself had offered the changes as acceptable options in 2002); and the Court said that the MHSAA had gone to extremes to explain all the options to schools and listen to their opinions.
Demonstrating their characteristic independence, UP schools have not switched their boys and girls soccer seasons; and some now want the MHSAA to make an exception so they can play in the MHSAA’s fall boys tournament and spring girls tournament. But unlike those schools, which are not specifically addressed in the Federal Court Order, the MHSAA is subject to that Order and cannot make exceptions or grant waivers without violating the Court’s Order.
Based on the rationale of the 2007 Court Order, there is only a slim chance the Federal Court would ever modify its Order. The best chance will occur when there is a Motion filed jointly by the original parties to the lawsuit. It must address both genders, not just girls. It must be a permanent solution, not a temporary exception. It must require no other sport season be changed, for that would just upset another sport community and derail this effort.
Transfers
January 10, 2017
When it comes to transfers, the staff of the Michigan High School Athletic Association gets lots of advice, but it comes from opposing directions.
One camp thinks MHSAA rules are inadequate. This group suggests that we expand the basic period of ineligibility from approximately 90 days to 180 days and/or it wants the MHSAA to eliminate most or all exceptions that allow for immediate eligibility of a transfer student.
This first camp is so frustrated with high-profile athletic-motivated or related transfers that they want to clamp down on all transfers.
The other camp thinks parents have the right and responsibility to send their children to any school they wish and have immediate access to the full benefits of that school’s curricular and extracurricular offerings.
This second camp is encouraged by the laws of Michigan which have gradually extended “schools of choice” as an option that all school districts may exercise. And this camp will be emboldened if the Secretary of Education under the new regime in Washington, D.C. is the long-time schools of choice advocate who has been nominated by the President-Elect for this position.
This second camp is on the right side of history, no matter how much I dislike it and no matter how convinced I am that the better way to have improved public education would have been to invest more in neighborhood schools. Improving them builds most communities. Ignoring them, as we have for 25 years, sends surrounding communities into downward spirals that worsen poverty and public health.
The ill-advised efforts to improve education by enticing students out of their neighborhoods to attend schools elsewhere has undermined “local ownership” in schools; and it has had the side effect of encouraging more transfers motivated by or related to athletics. Monitoring and managing such transfers is made more difficult by these educational reforms; but the new world will not tolerate transfer rules that are seen as too broad and contrary to what has become public policy, however poorly conceived and executed.
The fact is, the future of the transfer rule will be less about extending its reach and more about retaining its existence.