Pulling Up the Welcome Mat?

September 8, 2011

Michigan’s welcoming foreign exchange program network and the MHSAA’s accommodating rules have caused there to be more placements in Michigan schools than any other state during each of the last two school years. But this open environment for foreign exchange students may change if the MHSAA is unsuccessful in defending its current rules through judicial proceedings in Michigan courts.

Presently under MHSAA rules, international transfer students are treated identically to domestic transfer students:  unless the student meets one of 15 stated exceptions, that student is ineligible for approximately one semester and then becomes eligible insofar as the transfer regulation is concerned until that student’s high school graduation.

If, however, this student is a foreign exchange student placed in an MHSAA member school through a program listed by the Council on Standards for International Educational Travel, that student is permitted immediate eligibility and that student’s eligibility is limited to one academic year.  This special exception for bona fide foreign exchange students is intended to maximize the benefits of their academic exchange year. 

The current court challenge is to the absolute limit of one year of athletic eligibility for foreign exchange students.  If the MHSAA is unsuccessful in preserving that one-year limit, schools may be forced to treat foreign exchange students as all other international transfer students who are ineligible for their first semester and thereafter eligible until graduation.

That solution may seem simple, but it would reduce the value of the academic exchange experience for bona fide foreign exchange students, and that would certainly drop Michigan from the top spot in the nation for foreign exchange student placements. 

The First Time

April 3, 2018

I remember as clearly as if it were yesterday the first time I had to determine a student was not eligible under rules of the Michigan High School Athletic Association.

At that singular moment, it did not matter that I had been able to advise a dozen previous callers that the students they were inquiring about were eligible under the rules. All I could see in my mind’s eye was this one student who would not be able to participate as a full-fledged member of a team in a sport he enjoyed.

I assumed, as I have in almost every case since, that this was a “good kid,” and one who needed sports more than sports needed him.

But the facts made him ineligible and there were no compelling reasons to look beyond the facts. I knew it would be hard on the student to miss a season, but I also knew this was not in any sense an “undue hardship.” I could see that if the rule was not enforced in this case, I would be undermining its enforcement in other cases, and effectively changing the rule.

And I recognized that I did not have the authority to change a rule which the MHSAA Representative Council and each member school’s board of education had adopted to bring consistency and control to competitive athletics.

Many years have passed, and I’ve had to consider the eligibility of countless students to represent their schools on athletic teams. But I still see each situation as an individual student, balancing his or her individual needs and desires against the need to protect the integrity of the rules and the desire to promote competitive equity within the program.