Tracking Transfers

August 16, 2016

The number of requests to waive rules by Michigan High School Athletic Association school administrators to the MHSAA Executive Committee during the 2015-16 school year dropped to the lowest total since the 2006-07 school year, and the percentage of approved requests exceeded 80 percent for the first time in decades.

Of 453 requests for waiver, 381 (84%) were approved during the Executive Committee’s 12 meetings from August 2015 through June 2016.

As always, requests to waive the transfer rule dominated. There were 291 requests, of which 224 were approved (77%). That’s the first time there were fewer than 300 transfer waiver requests since the 2006-07 school year.

Across the U.S., transfers persist as the most popular and prickly eligibility issue of school sports, especially in states with open enrollment/school of choice. While certainly a greater plague in more populated areas where several schools are often in close proximity, this problem knows no economic boundaries – students bounce from home to home in disadvantaged communities and wealthier parents leverage their advantages to buy homes where they desire their children to be schooled.

While still a very small percentage of all transfer students, high profile athletic-related transfers get headlines and, too often, their new teams grab trophies that elude schools which play by both the letter and the spirit of transfer rules.

Mishandling transfers is still the No. 1 cause of forfeitures in Michigan high school sports. Increasing mobility and the messiness of marital relations keep students on the move, and keep athletic administrators on their toes. Vetting all new students, and getting all information before the new student gets in a game, is a high priority of the full-time professional athletic administrator, and it’s not something many part-time ADs can do.

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.