Rethinking Choice

August 26, 2013

I’ve never been a member of a union, refusing to join even when I was the lowest paid teacher at a suburban Milwaukee school in 1970.

Nevertheless, I find that the results of a recent poll conducted by the American Federation of Teachers correspond closely with what I am hearing and seeing. AFT reports . . .

  • Parents favor strong neighborhood schools over expanding school of choice, charter schools and vouchers.
  • Parents oppose reductions in art, music and physical education.

Those who are advocating that we provide parents with “choices” for their child’s education need to be reminded to offer the choices parents really want - neighborhood schools where there are more performing arts and physical activity.

Destabilization of our most fragile communities – whether they are found in our most distressed urban areas or the most rural and remote crossroads of Michigan – is worsened when community-building educational programs are cancelled and neighborhood schools are closed. Those who advance such an agenda are making bad choices for our schools, communities and state.

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.