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.
Penalty Points
August 26, 2016
The five years that followed the adoption of a tougher transfer rule in the early 1980s were the busiest ever for Michigan High School Athletic Association lawyers. The tough rule made sense to parents until it applied to their own children, and was defended by coaches until applied to their own players.
The most recent five years have provided the most significant toughening of MHSAA rules in the 30 years since the contentious early ‘80s, most notably (1) adopting the athletic-related transfer rule (“links law”) that doubles the length of ineligibility for some transfer students who do not make a full and complete residential change, and (2) lengthening the maximum penalty for undue influence from up to one year to up to four years for students and adults involved.
Predictably, the recently enhanced rules have led to increases in challenges to the enforcement of those rules. What were good rules in theory sometimes have been challenged when put into actual practice. Ironically, the MHSAA has received criticism from some insiders that penalties have been too severe, and from a few outsiders that penalties have been too light. Which means we are reading these situations just about right.
It is MHSAA policy not to issue statements at the time penalties are assessed unless the penalties have a direct and immediate effect on MHSAA postseason tournament eligibility or progression. This is fitting for a voluntary association of schools which have the legal responsibility of enforcing rules as to their own students, coaches and others. The MHSAA does not want to embarrass member schools; and in those rare instances when it is necessary to issue a public statement of an action taken or to clarify an MHSAA policy or procedure, the MHSAA avoids identifying minor students and most adults who are the subjects of penalties.
While these procedures have served school-sponsored sports well in Michigan since the founding of the MHSAA, it is possible that the increase of 24/7/365 electronic communications produced by decreasingly professional/experienced/ethical personnel requires change. Taking full-body slams by media who have less than half the facts is not just a nuisance to the MHSAA, it’s disparaging to the goodness of the school sports brand.