Limitations of Rules

November 15, 2013

Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.

Dov Seidman writes in how:  Why HOW We Do Anything Means Everything:  “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”

The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.

While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”

We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”

Mandate Mania

January 13, 2017

In the closing days of the last session of the Michigan Legislature, our public servants introduced many bills that had no chance of passage before the year ended and the bills died. Many of those legislative initiatives were to appease local constituents, and they were merely symbolic gestures.

Introduced during this session-ending period when style points matter more than substance were two bills that caught our attention.

  • House Bill No. 6026, introduced on Nov. 9, 2016, would have required public schools to demand at least two hours of instruction concerning sexual assault and sexual harassment prior to every student’s graduation.
  • House Bill No. 6052, introduced on Nov. 29, 2016, would have required public high schools to demand at least 40 hours of instruction on “sustainability and environmental literacy.”

These are not bad things, of course; but I’m concerned about the increasing burden on our schools.

Not all opponents of these bills should be cast critically. Regardless of the importance of the issues, there is a practical limit to what public schools can be expected to do – especially after their resources have shrunk and their school year has been shortened.

Personally, I would like all schools, both public and nonpublic, to teach all children a second language in early elementary school. I would like students to be “drown-proofed” before they reach middle school.

But I want not one of those things mandated without first removing an existing mandate under which our schools are being forced to operate at this time. No entity can do a good job at some things if it’s being asked to do everything.

I wish all members of the Michigan Legislature who have a mandate in mind for our state’s schools will pause to look for an existing mandate to sunset before proposing any new requirements.