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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.

Upon Further Review ...

May 12, 2017

A veteran track & field coach wrote critically that the Michigan High School Athletic Association has erred by not implementing numerous proposals of his state coaches association over the years. So this year I was an even more careful than usual observer of the fate of proposals from coaches associations and our own coach-dominated sport committees.

Some proposals from coaches associations don’t even make it to a vote at the MHSAA sport committee level. Others fail to get an affirmative vote, while still others are passed by the committee as a recommendation to the MHSAA Representative Council.

Each of the sport committee recommendations that is received by the time of the League Leadership meeting in mid-February is presented to the league administrators in attendance so they will be aware of what’s flowing in the pipeline toward the MHSAA Representative Council for a vote. It is intended that these sport committee recommendations will be discussed at meetings by each league, and that the MHSAA staff will be notified of questions or concerns that any proposal generates.

MHSAA staff – most often Associate Director Tom Rashid – take some of the proposals on the road, to both league meetings and Athletic Director In-Service programs, where experienced practical minds praise some proposals and poke holes in others.

Many of the recommendations are also discussed at the March conference of the Michigan Interscholastic Athletic Administrators Association, and some are made “Position Statements” on which the MIAAA members vote at the conclusion of their conference. It’s interesting to observe that some recommendations that passed coach-dominated sport committees with unanimous support fail to receive 50 percent support by the athletic directors as they make a more circumspect review of the issue.

All along the way, the MHSAA staff is watching, listening, and learning. We learn, for example, that some proposals have negative unintended consequences, that other proposals lack sufficient research or even essential facts, and that in both cases, approval should be denied or at least delayed for more complete development and study.

That was a major theme of this past week’s Representative Council meeting when many committee proposals were, if not derailed, at least detained for later departure. For example:

A proposal to revise the limited team membership rule for 6th-, 7th- and 8th-graders that would allow during the school season up to two dates of non-school participation in all sports except football was tabled in order to gather more membership input.

  • A proposal to alter the three-decade-old MHSAA Baseball Tournament schedule was delayed to consider the effects of and questions raised by the pitching limitation rule that is new this year – a late requirement of the national rules committee.

  • A proposal to seed and bracket District and Regional Basketball Tournaments raised more questions than answers and did not advance.

  • A proposal to require observers in each group at all Lower Peninsula Boys and Girls Regional and Final Golf Tournaments was at least slowed.

  • A proposal to require two days rest between the Semifinal and Final games of soccer Regionals received a yellow card, even though the proposal has good intentions and is part of an evolving package of proposals to make that sport a healthier experience – with more attention to practice and training and less competition.

  • A national soccer committee rule change regarding the color of undergarments was delayed indefinitely by the Council, to avoid both unnecessary confusion and new costs.

  • A proposal to allow additional teams to advance from Regionals to Finals in the MHSAA Lower Peninsula Tennis Tournaments was not adopted – perhaps a good idea in good weather, but problematic in bad.