School Overload

January 29, 2016

I don’t know how school administrators and local boards of education do it. Every year, pressure increases on them to improve student performance in core subjects, while every year, lawmakers and government agencies try to make schools the place to solve, or at least respond to, more of society’s problems.

Expanding definitions of disabilities have required expanding public school responses. School employees now must be trained to respond to a myriad of student allergies. Schools have been made the place to address drug abuse, bullying, sexting, drunk driving, sudden cardiac arrest, seat belt use and much more.

This would be okay – in fact, it would be really good because it would solidify that the local school is the center of each and every community. But if schools are not given the resources to both improve student academic performance and address every threat to student health and safety, then no more should be asked of schools.

Right now our Michigan Legislature has dozens of bills that would make new demands on local schools. Most of these bills, on their own and in a vacuum, would be good – like the requirement that schools provide curriculum and professional development in warning signs for suicide and depression, and the requirement that students be certified in CPR before they graduate high school.

But until schools are given more time and money to perform current mandates, it’s time for legislators to put new bills in their back pockets and for government agencies to back off.

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.