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Transfer Trends

January 23, 2015

One of the responsibilities that schools have asked our organizations like the MHSAA to execute is the management of transfer student eligibility. Historically, many associations have linked eligibility to residence ... thus, for some the regulation has been called the "Residency Rule" or "Transfer/Residency Rule," not merely the "Transfer Rule."
Over the years, as society became more mobile and families less stable, these rules became more and more complicated; and now, for most state high school associations, this is the regulation that consumes the most (or second) most pages of their Handbooks. Over the years, this has also been the regulation most frequently challenged in court.
Over the years, some states have relaxed their transfer rule and others have refined their transfer rule. In either case, the transfer rule remains an imperfect rule, an imperfect net. Sometimes this net snags students who should not be made ineligible, and for those situations all associations have arranged some kind of waiver or appeal process. 
And sometimes, and much less easily solved, the net fails to catch the situations it really should ... the transfers that are not hardship related or the result of some very compelling educational need, but those that are obviously for athletic reasons. It is those that we have been most focused on in Michigan.
Our first effort to get at the most problematic transfers was the adoption for the 1997-98 school year of what we called the "Athletic MOTIVATED Transfer Rule" ... Regulation I, Section 9(E). Examples of an athletic motivated transfer are included in the rule. The rule only applies to transfer students who do NOT meet any of the stated exceptions for immediate eligibility and are ineligible for one semester under our basic transfer rule. They become ineligible for 180 scheduled school days if there is a finding that the transfer was more for athletics than any other compelling reason.
This effort has not been successful enough because it requires a school that loses a student to another school to promptly allege to the MHSAA office, with supporting documentation, that the transfer was more for athletic reasons than any other compelling reason. The receiving school then must respond to those allegations. Then the executive director makes the decision. The unfortunate result of applying this rule is that it usually causes hard feelings between the schools, and hard feelings toward the executive director by the school decided against. In 17 years, schools have invoked this rule only 41 times.
Our more recent effort to address the most egregious athletic transfers resulted from requests from the coaches associations for wrestling and basketball which were watching too many students change schools for athletic reasons, usually related to an out-of-season coaching relationship. The new rule – the "Athletic RELATED Transfer Rule" -- is Regulation I, Section 9(F). The difference between Section 9(E) and the newer Section 9(F) is that in 9(F) one school does not have to make and document allegations before staff can act. If MHSAA staff discover or are informed of any of the circumstances listed in 9(F), we can act. Again, the rule only applies to those transfer students whose circumstances do NOT meet one of the automatic exceptions. It applies only to students who are ineligible for a semester under the basic transfer rule. If there is a finding that one of the athletic related "links" exists (usually an out-of-season coaching relationship), then this transfer student who would be ineligible for one semester is made ineligible for 180 scheduled school days.
So far, it appears that 9(F) may be a better deterrent than 9(E). It has been referenced when students are rumored to be transferring, and it has stopped many of those transfers before they occur. 
We have said that if this latest effort does not succeed in slowing athletic transfers, then the next step is 180 days of ineligibility for all transfer students who do not qualify for an exception that permits immediate play. I fear that would catch far too many students who should not be withheld so long from competition and could lead to a period like the early 1980s when the MHSAA, at the request of the state principals association, adopted the core of the transfer rule we have today and which resulted in a period of busiest litigation for the MHSAA when, at one time, the association had more than a dozen cases in court simultaneously on transfer matters. We’ve got to make the current rules work.

Momentum

August 4, 2017

The 2017-18 school year holds great potential for the Michigan High School Athletic Association and for school sports in Michigan. Only time will tell us if the potential is greater for good than for bad.

There is positive momentum in promoting participant health and safety as the last of three advances in the health and safety preparation of coaches is implemented, as high schools’ mandatory concussion reporting and MHSAA-purchased concussion care “gap” insurance for 6th- through 12th-graders enter year three, and as higher limits of accident medical insurance is purchased by the MHSAA for all member junior high/middle schools and high schools, effective this month.

There is positive momentum in serving and supporting junior high/middle school programs where membership was up five percent last year over the year before. The MHSAA had an enjoyable, brand-broadening experience as “presenting sponsor” at a half-dozen junior high/middle school league track & field meets this past spring; and the MHSAA will be doing so during fall, winter and spring junior high/middle school tournaments during the 2017-18 school year.

The MHSAA’s Task Force on Multi-Sport Participation continues to develop strategies that focus on junior high/middle school students and their parents and to address the greatest health threat in youth sports – overuse injuries as the result of year-round sports specialization; and the Task Force is developing tools that help define and defend educational athletics.

Beneath these three over-arching themes, the MHSAA is addressing some pressing new problems – like what to do about venues that are no longer available to us for MHSAA tournaments in girls and boys basketball and individual wrestling – as well as some chronic concerns – like recruiting and retaining contest officials and athletic-related transfers. The loss of officials and the rise of athletic-related transfers are problems of nearly epidemic proportions.

The amount of resources the MHSAA will be able to bring to all these topics will be affected by the number of controversies that arise during the normal course of essential business in administering programs, policies and penalties. Such controversies can knock us off message, and rob us of resources that could allow us to be doing more of the positive things we know need to be done.

There is also the potential that we get distracted by the National Federation of State High School Associations, some of whose member state association CEOs want to talk more about NFHS sponsorship of national tournaments, even after decades of opposition to such events from both state and national educational associations, as well as clear and convincing evidence that no organization – from Little League to the NCAA – has been able to conduct national tournaments without adding to their existing problems and creating new pressures and new problems.

Excesses and abuses in school sports have their own momentum. We should not create more by NFHS sponsorship of the very events it was created to end.