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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:
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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.
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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.
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.
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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.