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.

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.