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Researching Reclassification

January 25, 2013

The MHSAA was the first state high school association in the U.S. to divide its member schools into enrollment groups for season-ending tournament play. Over the years, in one form or another, all other statewide associations have done the same; and in more recent years, some have tweaked their systems to facilitate practical considerations of tournament administration or to address demographic or political shifts among their memberships.

Two forces have combined to bring increased attention to the participation of public and nonpublic schools in the same tournaments: 

  • First, as state associations expanded the number of classifications to provide more opportunities for their schools to experience tournament success, the percentage of nonpublic schools winning those championships has increased.  Nonpublic schools rarely won any championships at all before the expansion to multiple classifications and especially to the additional expansion in football classifications.  Public schools are not winning fewer championships today than years ago; they are merely winning a lower percentage of the championships now provided.
  • Second, as state governments have reduced funding to public schools, those schools have been forced to reduce support for their sports programs and more often make them pay-as-you-go, much like nonpublic schools have operated for years.  As pay-for-play and fundraising have been popularized in public schools, their “marketing advantage” over nonpublic schools has been diminished.

Often overlooked by those who call for separate tournaments for public and nonpublic schools is the fact that the majority of nonpublic schools rarely have had any success in statewide tournaments, and some have never had any success at all.  An occasional District championship and a rare Regional trophy is the reality of most MHSAA member schools, both public and nonpublic. This, and the fact that "multipliers" have addressed only nonpublic schools and not also select-enrollment public schools (magnet, charter, choice), explains why MHSAA study groups have rejected the use of an automatic enrollment multiplier for nonpublic schools which is now in use in about 10 states.

Acknowledging the flaws of a multiplier that is applied only to nonpublic schools, a few states have been working with a formula, applied to all schools, that reduces the enrollment figures used for tournament play based on factors that may tend to reduce the percentage of a school’s enrollment likely to participate in sports.  For example, there is limited evidence that students who are on free and reduced lunch participate at a rate that is 10 to 14 percent lower than other students; so this is a factor reducing schools’ tournament enrollments in two states.  A third state association looked at this and decided that the data didn’t justify the effort.

Two other states have recently implemented a system that places schools in a classification for larger schools after they achieve a certain level of tournament success in the classification in which they would normally be placed.  Of course, critics of this type of system that address the “chronically successful” are quick to point out that this does nothing for the school which is successful in the largest classification and tends to “penalize” next year’s students for the success of the previous years’ teams.  Would it be right to force Ithaca High School into a higher classification in football in 2013 because it captured MHSAA titles in 2010, 2011 and 2012?  And what would be done with Detroit Cass Technical after back-to-back titles in Division 1 of the Football Playoffs?

About these topics nationwide, there is much talk, some action, and no consensus.

Cheering for Equal Opportunity

February 14, 2017

Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.

Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.

Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.

The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.

Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.

Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.

  • A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.” 

  • A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”

The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.

The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.