Late Start

August 11, 2015

Business took me to Indianapolis for a meeting on Thursday, July 30. Of the eight other meeting participants, four lived in Indiana, three lived in Georgia and one in Montana.

I learned that school was already in session for many schools of both Indiana and Georgia, four weeks prior to the start of classes for most Montana schools ... and six weeks before state law allows public schools to commence classes for students in Michigan.

These dramatic differences undermine any seriousness or sense of urgency in this state’s efforts to improve public education.

The scene that replays in my memory is of an all-district in-service day at a Michigan school district where the staff was busy in the cafeteria, while the students lounged outside the school and milled about the school halls, bored.

“Our kids are already here and ready to be in class,” the school superintendent told me; “but state law penalizes us if we dare to begin teaching them.”

I think of this as school sports teams and marching bands and cheerleaders are already hard at work this week honing their skills in extracurricular activities. Wouldn’t it be great if lawmakers would allow our students to be doing the same in academic classrooms?

If our students are lagging behind academically, it might have something to do with the fact that they start each year two or three laps behind kids in other states.

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.