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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.

The Imperative of Institutional Control

March 13, 2018

Of the various criticisms about the MHSAA’s handling of transfers, these three have the ring of some validity:

  • The Transfer Rule is too complicated.

  • The Transfer Rule is poorly understood at the local level, and thus unevenly administered.

  • The MHSAA office is ill-equipped to police the transfer scene.

The language of the Transfer Rule has expanded from a few sentences to many pages over its 90-year lifetime. This is the result of changes in schools, sports and society, as well as people operating at the edges of the rule, which has led to a rule that has attempted to cover more circumstances with more specificity year after year.

This increasingly nuanced rule takes both training and time. The MHSAA does an excellent job of providing training online and in person, but local administrators are not putting in the time – they can’t! They are usually less experienced but given more non-sports duties than athletic directors of 10, 15 and 20 years ago; and they are leaving the profession after shorter careers. They often lack the training and time to do the complicated and potentially contentious tasks, including Transfer Rule administration.

Overwhelmed local athletic directors are not shy about contacting the MHSAA office for assistance in interpreting and applying the Transfer Rule. These incoming questions dominate the time of MHSAA staff who have many other duties, including the administration of MHSAA tournaments in 14 sports for each gender.

Lacking sufficient staff time and subpoena power, the MHSAA must depend on local school administrators to police their own programs, communicate with their neighbors, and report what they believe might be violations within their own and nearby programs.

While we keep working on the language of the Transfer Rule, we harbor no illusions that it will become simpler to understand and enforce. That’s just not how the modern world works ... everything becomes more complicated. Which may only make it more unlikely that schools will dedicate the time and talent necessary to assure that the principle of “institutional control” is practiced by MHSAA member schools.

However, if we give up on that principle, no amount of oversight by the MHSAA office will ever be enough to police school sports in Michigan ... not just to monitor transfers, but also to attend to the dozens of other elements that distinguish educational athletics.