Students of Rules
November 12, 2013
Those who make rules ought to be students of rules. We mean this in at least the two ways this posting and the next will address.
First, rule makers should know the essence of the existing body of rules which they will be responsible for upholding or modifying during the necessary ongoing review of those rules. These rule makers should have a general awareness of when and why each rule was first adopted, how it might have evolved, how it is now applied and what the major compliance problems have been in the past or may be in the future.
This first requirement is as important for those who prepare the rules for the contests – the playing rules – as for those who promulgate the rules that establish the minimum eligibility standards and the maximum limits for competition. In the face of any proposal to eliminate or greatly modify any rule, rule makers must ask what problems may return if they remove the rule that solved those problems.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules, of course, don’t come out of thin air. Legislatures and organizations adopt them usually to proscribe unwanted behaviors but typically in reaction to events. They lower speed limits after automobile accidents become too frequent, regulate pit bulls after a series of dog bites, or institute new expense-tracking procedures after someone is caught trying to get reimbursed for their new iPod. Rules have been established for a reason, but most people are out of touch with the rationale and spirit of why. They don’t read legislative histories and so have a thin, superficial relationship to the rules . . .”
That is not acceptable for those who write, review and revise rules. They have to know where each rule has come from. This is why for the rule makers and for those in our member schools responsible for applying the rules day in and day out, the MHSAA keeps current “The The History, Rationale and Application of the Essential Eligibility Regulations High School Athletics in Michigan."
Transfers
January 10, 2017
When it comes to transfers, the staff of the Michigan High School Athletic Association gets lots of advice, but it comes from opposing directions.
One camp thinks MHSAA rules are inadequate. This group suggests that we expand the basic period of ineligibility from approximately 90 days to 180 days and/or it wants the MHSAA to eliminate most or all exceptions that allow for immediate eligibility of a transfer student.
This first camp is so frustrated with high-profile athletic-motivated or related transfers that they want to clamp down on all transfers.
The other camp thinks parents have the right and responsibility to send their children to any school they wish and have immediate access to the full benefits of that school’s curricular and extracurricular offerings.
This second camp is encouraged by the laws of Michigan which have gradually extended “schools of choice” as an option that all school districts may exercise. And this camp will be emboldened if the Secretary of Education under the new regime in Washington, D.C. is the long-time schools of choice advocate who has been nominated by the President-Elect for this position.
This second camp is on the right side of history, no matter how much I dislike it and no matter how convinced I am that the better way to have improved public education would have been to invest more in neighborhood schools. Improving them builds most communities. Ignoring them, as we have for 25 years, sends surrounding communities into downward spirals that worsen poverty and public health.
The ill-advised efforts to improve education by enticing students out of their neighborhoods to attend schools elsewhere has undermined “local ownership” in schools; and it has had the side effect of encouraging more transfers motivated by or related to athletics. Monitoring and managing such transfers is made more difficult by these educational reforms; but the new world will not tolerate transfer rules that are seen as too broad and contrary to what has become public policy, however poorly conceived and executed.
The fact is, the future of the transfer rule will be less about extending its reach and more about retaining its existence.