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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.

Scheduling Controversy

November 14, 2017

A dozen years ago, I asked our counterpart organizations in other states if they scheduled their schools’ regular-season varsity football games. Very few did so.

More recently, I’ve realized that I didn’t ask enough questions. It turns out that few statewide high school associations tell schools who they play each week of the regular season. However, many more give schools the group of opponents they may schedule. They place schools in leagues and/or districts and/or regions and instruct schools to schedule from among those schools only or predominantly.

I have been waiting for the tipping point where a sufficient number of high schools in Michigan are sufficiently stressed over scheduling football games that they would turn to the MHSAA to solve the problem.

I’m anticipating this might occur first among schools playing 8-player football, and that success there will lead to our assistance for 11-player schools.

One approach – the simpler solution – would work like this:

  • All 8-player schools within the enrollment limit for the 8-player tournament would be placed in two divisions on the basis of enrollment in early March. About 32 schools in each, based on current participation.

  • At the same time, each division would be divided into four regions of about eight schools.

  • In April, the schools of each region would convene to schedule seven regular season games for each school.

  • Based on current numbers, schools would still have two open weeks to fill, if they wish, for games with schools in other regions or of the other division or in neighboring states.

A second option – the date-specific solution – would provide every school its weekly schedule for all nine dates, or weeks 1 through 8, or weeks 2 through 8, depending on local preferences. This would not be difficult in concept once there is agreement on what criteria would be used and what value each criterion would have.

For example, one important criterion would be similarity of enrollment; another of great value would be proximity. Perhaps league affiliation would be a factor with some value. Perhaps historic rivalries would be another factor with a value. Then the computer spits out schedules for each school for every week for two years, home and away.

I don’t campaign for this task because, frankly, it will produce complaints and controversy. But if this organization exists to serve, then this is a service that today’s chronic complaints tell us we should begin to provide soon.

I suggest we do this for 8-player football for the 2019 and 2020 seasons (with a paper trial run for 2018). If it proves successful, we could expand the service to 11-player schools as soon after as they are satisfied with our efforts for 8-player schools.