Tougher Rules for Transfers

May 31, 2013

There is an increased sense among the MHSAA’s constituents that it’s nearly impossible to advance deeply into the MHSAA’s postseason tournaments with “home grown” talent; that unless a team receives an influx of 9th-graders from other districts or transfers of 10th-, 11th- and 12th-graders from other schools, success in MHSAA tournaments is rare.

This is the predictable result of several factors, including (1) expanding schools of choice; (2) starving school districts of essential resources; (3) encircling schools with educational options; and (4) increasing dependence on nonfaculty coaches and the related increased profile of non-school youth sports programs.

In light of this, Michigan’s high school wrestling coaches and, more recently, Michigan’s high school basketball coaches, have proposed new rules and/or pled with MHSAA leadership to toughen the transfer rules for school-based programs.

On May 5, 2013, the MHSAA adopted a rule to take effect starting Aug. 1, 2014, that advocates believe is more straightforward than the athletic motivated section of the transfer regulation and is a needed next step to address increasing mobility of students between schools.  It links certain described activities to a longer period of ineligibility after a transfer.  It intends to catch some of the most overt and egregious of transfers for athletic reasons.

Specifically, after a student has played on a team at one high school and transfers to another where he or she is ineligible, the period of ineligibility is extended to 180 scheduled school days if, during the previous 12 months, this student . . .

  • Participated at an open gym at the high school to which the student has transferred.
  • Participated on a non-school team coached by any of the coaches at the high school to which the student has transferred.
  • Has a personal sport trainer, conditioner or instructor who is a coach at the high school to which the student has transferred.
  • Transfers to a school where his or her previous high school coach is now employed.

Unlike Section 9(E), this new Section 9(F) does not require one school to allege athletic motivation.  If the MHSAA learns from any source that any one of the four athletic related links, the MHSAA shall impose ineligibility for 180 scheduled school days.

There may be a large percentage of the MHSAA’s constituents who do not believe this new Section 9(F) goes far enough; that this should be applied to all students, not merely those whose transfer does not fit one of the 15 stated exceptions which allows for immediate eligibility.  That could become the MHSAA’s next step in fighting one of the most aggravating problems of school-based sports today.

The Fourth Option

February 27, 2018

Throughout the years, schools of this and every other state have identified problems relating to school transfers. There is recruitment of athletes and undue influence. There is school shopping by families for athletic reasons. There is jumping by students from one school to another for athletic reasons because they couldn’t get along with a coach or saw a greater opportunity to play at another school or to win a championship there. There is the bumping of students off a team or out of a starting lineup by incoming transfers, which often outrages local residents. There is the concentration of talent on one team by athletic-motivated transfers. There is friction between schools as one becomes the traditional choice for students who specialize in a particular sport. There is imbalance in competition as a result. And there is always the concern that the athletic-motivated transfer simply puts athletics above academics, which is inappropriate in educational athletics.

All states have developed rules to address the problems related to school transfers. In some states, it is called a “transfer rule” and in other states a “residency rule,” because linking school attendance to residence is one of the most effective tools for controlling eligibility of transfers. None of the state high school association rules is identical, but all have the intention of helping to prevent recruiting, school shopping, student bumping, team friction, competitive imbalance and sports overemphasis. The goal of promoting fairness in athletic competition and the perspective that students must go to school first for an education and only secondarily to participate in interscholastic athletics is paramount.

The transfer/residency rule is a legally and historically tested but still imperfect tool to control athletic-motivated transfers and other abuses. It is a net which catches some students it should not, and misses some students that should not be eligible. This is why all state high school associations have procedures to review individual cases and grant exceptions; and why all state high school associations have procedures to investigate allegations and to penalize violations where they are confirmed.

Over the years, state high school associations have considered four options to handle transfers. The first two options are the easiest courses: either (1) let schools decide themselves about transfers, as Michigan once did, but this leads to inconsistent applications and few states now subscribe to such an approach; or (2) make no exceptions at all, rendering all transfer students ineligible for a period of time, but this becomes patently unfair for some students and no state high school association subscribes to that extreme, although it would be easy to administer.

The third option – the ideal approach, perhaps – would be to investigate the motivation of every transfer and allow quicker eligibility or subvarsity eligibility to those which are not motivated by athletics, but this is very time consuming if not impossible to administer. No state high school association has sufficient staff and money to consider every detail and devious motive of every transfer.

This is why a fourth option has been most popular with most state high school associations. This is a middle ground which stipulates a basic rule, some exceptions (we have 15 exceptions in Michigan), and procedures to consider and grant waivers – a primary role of the Michigan High School Athletic Association Executive Committee.