Inclusion
February 24, 2017
School sports enjoyed its highest public profile in the late 1950s and early 1960s. This was before competition from televised college and professional sports and proliferation of youth sports programs and myriad entertainment alternatives. But school sports has its greatest reach today. This is the era of inclusion.
This began with the near simultaneous expansion of opportunities for boys in a greater variety of sports and the reintroduction of similar athletic opportunities for girls.
The increased focus on the junior high/middle school level and the new opportunities for 6th-grade students to participate either separately or with and against 7th- and 8th-graders are major developments in this era of inclusion.
This era includes exploration of opportunities for students with an ever-widening understanding of physical, mental and emotional conditions that challenge students’ ability to participate in highly competitive and regulated athletic programs. It includes accommodations for students with documented changes in gender identification.
This era of inclusion includes reexamination of rules that limit students’ access to school sports while understanding that much of the value of school sports is a result of the rules for school sports. We know that if we lower the standards of eligibility and conduct, we tend to lower the value of the program to students, schools and society.
This is really the best time ever for school sports. It’s just a lot harder to operate today than 55 or 60 years ago.
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.