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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.

Basketball Tournaments on the Move?

March 3, 2017

It is uncertain where the Michigan High School Athletic Association Boys and Girls Basketball Tournaments, currently at the Breslin Center of Michigan State University, will be conducted in 2018 and 2019; and after that, there are questions of when they will be conducted.

The most serious of several concerns is that MSU can no longer guarantee Breslin’s availability for the MHSAA Semifinals and Finals. This is the result of a change in the format of the NCAA Division I Women’s Basketball Tournament that assigns its 16 regionals to the top 16 seeded teams.

That schedule conflicts with the MHSAA Girls Basketball Semifinals and Finals in 2018 and 2020, and with the MHSAA Boys Basketball Semifinals and Finals in 2019.

In 2016, when MSU’s women’s basketball team was highly seeded, it had to travel to Mississippi State University because the MHSAA girls tournament was occupying Breslin. The contract that guarantees MHSAA priority ends with this year’s tournament, March 16-18.

The MHSAA is proceeding on two tracks. First, it has just distributed a “Request for Proposal” to MSU and other potential hosts for at least 2018 and 2019. There are options for venues to submit proposals for boys, girls or both.

Second, the MHSAA has begun what is likely to be a long discussion regarding dates. For example, if the girls season started and ended one week earlier, the NCAA conflict may not occur. However, this would likely require a one-week earlier end to the girls volleyball season in the fall, which some people have advocated but others are certain to oppose.

A flipside variation of this idea is to start and end boys basketball season two weeks earlier than is the case now, and to delay the start and end of girls basketball season by one week. This is a means of reducing the volleyball/basketball overlap for girls in November, and it would avoid that March weekend when the NCAA Division I women’s tournament can be a conflict.

Another option is to start the boys season one week earlier, extend the girls season one week later, and conduct the two tournaments simultaneously over four weeks – different days of the same weeks for Districts and Regionals; with Semifinals for both genders around the state on the weekend when the girls tournament has ended in the past; and then Finals for boys and girls at a single site on the Friday and Saturday when the boys tournament has traditionally ended.

Unless things change at the NCAA level, none of these models guarantees a schedule that is always free of conflicts with both the boys and girls MHSAA tournaments. Therefore, other innovative but possibly even more intrusive, changeable and tradition-breaking calendar adjustments could also be investigated that might provide a better long-term solution than merely changing venues.

Venue decisions are the responsibility of MHSAA management and should be made by early May. Calendar changes, if any, will be membership driven and may take more than 18 months to finalize.