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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.

Summer Safety

July 23, 2018

(This blog first appeared on August 28, 2012.)


As we have been considering changes for in-season football practice rules that are more in step with recent recommendations of the National Athletic Trainers Association, the American Academy of Pediatrics and the National Federation of State High School Associations, as well as the actions of several of our counterpart state organizations across the U.S., we have also been looking at the rules that apply out of season to assure they do not work against the preparation of students for a safe experience.

Except during the school’s designated summer dead period of at least seven consecutive days, football coaches may interact with any number of players in voluntary weight training and conditioning sessions as frequently as they desire. Introduce footballs and helmets, and the coach can still work with any number of students on the sideline and up to seven players at a time for any number of days. Add competition, and the coach can still work with up to seven players at a time for a maximum of seven days. In addition, football coaches may participate for a maximum of 10 days at bona fide football camps where any number of their players are participating.

Plenty of time for coaches to teach, and even more time for players to train. During this time, the rules permit students to wear helmets, which protect against accidental collisions during drills; but the rules prohibit other pads that would allow activities to escalate to the point where contact is expected, leading to increased blows to the head at a time when the objective from the pros to Pop Warner is to reduce blows to the head.

When the brief preseason down time begins Aug. 1, the coach continues to be able to work with any number of players in conditioning and weight training. The down time prohibits those activities that could be a disguise for practice prior to the earliest allowed practice date – open gyms, camps, clinics and competition. The down time puts the emphasis where it’s most needed for a healthy student experience when practice actually begins: that’s weight training and conditioning.

Some critics may focus on what they can’t do in the summer; but clearly, there’s much they can do, and it’s all designed to help players improve and excel in a safe environment.