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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.

Why Not National Events?

October 7, 2016

The constituent groups of the National Federation of State High School Associations are engaged in a deliberate discussion of the merits of conducting national high school sports championships. The topic has been raised and rejected by the National Federation membership multiple times over many years.

Support for such events is infrequently merit-based and more often found where political pressures have assaulted policies that have prohibited schools from participation in national tournaments by school teams and students representing schools. Opposition is based in both philosophical and practical concerns.

Proponents of national tournaments say such events will provide a platform to promote education-based athletic programs, but what we would often see – teams full of transfer students missing a lot of school – would undermine any positive promotional message. We would be saying one thing but doing another.

While more promotion of what we believe in might be nice, opponents believe national tournaments would worsen everyday problems and especially the most unsavory problems of school sports, namely undue influence and athletic-related transfers.

Opponents see national events as symptomatic of the "select the best and forget the rest" virus that is infecting much of youth sports that is neither school-sponsored nor student-centered. They see national events as causing school sports to move from ally to adversary of schools' educational mission. They see more loss of classroom instructional time, more travel, more costs and more local fundraising that saps community resources. They see the rich getting richer ... more for a few "haves" and less for most others, and nothing for the "have nots."

With each state having made its own decisions regarding when sports seasons will occur, many opponents wonder how any national tournament can serve the wide variety of seasons in place. Some sports that occur in the fall in one state are conducted in the winter or spring in other states. Even when sports occur in the same season in two states, the seasons may start and end two, three or four weeks differently. Do we really want our programs to place even more pressure on kids and coaches to specialize in a single sport year-around?

With each state having made its own decisions regarding the maximum number of contests, who is going decide what the national rule will be? Will it be the 18 games of one state or the 36 games of another? With each state having made its own decisions regarding age rules and transfer rules and out-of-season coaching rules, who is going to make and enforce these and all the other rules that must apply to all to assure the competition is fair?

And with four Michigan High School Athletic Association champions in most sports, which do we choose to represent our state? Do we really need to demean the champions of three classifications or divisions by advancing the fourth? Do we want our state finals to be the qualification for another level, or the ultimate experience for MHSAA member schools and students?