Growth Industry
December 26, 2014
We have wondered why Michigan’s high schools would enroll more J-1 visa students than in any other state, as well as more J-1 and F-1 visa students combined than the schools of any other state. It certainly can’t be our weather!
Like schools in many states, Michigan schools are looking to foreign countries to fill classrooms where enrollments have been falling, and they are looking to the tuition dollars of international students to help fill the hole of declining state funding.
And schools across the US are finding a hungry market, especially in Asia where families are willing to pay almost any amount to give their children the kind of educational opportunities their own countries don’t, including a leg up in gaining admission to a US college or university.
One unique contributing factor to our state’s leading totals is the late date when public school classes start in the fall. International students who miss the start of school in states which begin classes two, three or four weeks before Michigan can still try for a placement in Michigan where public high schools cannot begin classes until after Labor Day.
These late, scrambling and sometimes inadequately vetted enrollments are one of the many problems attendant to the increasing numbers of J-1 and F-1 visa students enrolling in Michigan each year. More serious are the “pipelines” that, for example, direct basketball players to some schools and ice hockey players to other schools.
It makes some people feel warm and fuzzy, but a lot more people get hot under the collar, to observe a foreign exchange student become a suddenly successful basketball team’s high scorer and rebounder, and then later be given a Division I university basketball scholarship. Or be the leading scorer on an ice hockey team that posts its best record and deepest MHSAA tournament run in the school’s history.
My wife and I have hosted an international college level student in our home for almost two years. I know the benefits to both parties. And I also know that there is a growing number of problems related to sports and profit that need to be stopped, or at least sent to some other state.
Cheering for Equal Opportunity
February 14, 2017
Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.
Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.
Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.
The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.
Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.
Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.
- A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.”
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A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”
The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.
The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.