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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.

A Temporary Fix

December 8, 2017

After six months of effort, there is only a 12-month solution for issues affecting the girls and boys basketball seasons and Michigan High School Athletic Association basketball tournaments.

On Dec. 1, the MHSAA Representative Council approved switching the girls and boys basketball calendars for 2018-19 only. Boys basketball adopts the regular season and tournament schedules that have previously been in effect for girls, and girls basketball adopts the regular season and tournament schedules that have been in place for boys. The Semifinal and Final venues will continue to be Van Noord Arena at Calvin College for girls and MSU’s Breslin Student Events Center for boys.

Decisions regarding schedules and sites for the 2019-20 season and beyond will be determined by the Council at a later meeting.

The MHSAA’s hand has been forced by NCAA Division I women’s basketball tournament conflicts with the traditional dates for MHSAA basketball tournaments. That changing NCAA schedule and other factors have combined to limit venue options for MHSAA tournaments. Just one facility large enough to host the MHSAA boys Semifinals and Finals is available in 2019 and 2020. That’s MSU’s Breslin Center.

Many other basketball scheduling options have been studied during the past six months, including moving both tournaments a week earlier or later, separating the girls and boys tournaments by an additional week, or conducting both tournaments over the same three weeks with only the four championship games for each gender at MSU.

However, because 2019 is not a typical year for how the NCAA and MHSAA calendars relate to one another, (2018, 2020, 2021 and 2022 are typical), more innovative changes in formats and schedules made for 2019 would have needed adjustment again for 2020.

The decision to switch seasons and tournaments for one year only allows a test of the opinion that the transition from fall to winter sports might be better if boys basketball started before girls.

The decision also provides Calvin College the opportunity to host the girls Semifinals and Finals at least twice at Van Noord Arena, which has twice hosted NCAA Division III championships in both women’s basketball and women’s volleyball. Two years is our usual minimum; and tournaments almost always run more smoothly in the second year than in the first year at a venue. Van Noord is the largest NCAA Division III arena in the country.

In any event, more time is needed to further study and explain more innovative scheduling and tournament formats, and possibly gain better understanding and greater support for grander plans.