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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.

Tracking the Transfer Rule

September 19, 2017

We are not the first generation of school leaders to be concerned about athletic transfers in secondary school sports.

Lewis L. Forsythe, in his 1950 book Athletics in Michigan High Schools, described his era and earlier this way: “... there were enough who transferred for advantage, as they thought, in athletic opportunities to give wide currency to the term ‘tramp athletes.’ These were usually students who became ineligible in schools in which they had first enrolled, or became otherwise disaffected in their home situation and went elsewhere to continue school. It was possible, for example, for a boy to play football at Ann Arbor one season, drop out of school until the next March first, and then enter Jackson High school. Here he could make himself eligible for baseball and track by merely ‘passing’ in ten hours (later twelve hours) of work from time to time according to the reporting methods of the school, and then leave without taking final examinations. The next semester he might enroll in Detroit High School, and, by satisfying eligibility requirements for the current semester, play football in that school. With no age limit and no required check-up on eligibility in another school, this could go on for at least five years.”

Mr. Forsythe, writing in 1950, cited concerns as early as 1901, which led the state athletic committee to adopt the first transfer rule for school sports in Michigan. It required a student going from one secondary school to another to present a certificate from administrators of the school left that the student was eligible under the athletic rules of the time. The issue of the time was that students who were performing poorly in the classroom of one school would attempt to escape ineligibility due to academic deficiencies by transferring to another school

Two years later, a rule was adopted to address undue influence (recruiting) that required all schools to sever all relationships with a school that attempts to influence any athlete to change schools.

A year later (1904), this proposal was debated: “A student who has played on a football team, or on a baseball team, or who has taken part in any track events, going from one school to another, shall be ineligible to enter any secondary athletic contest for one year, unless the parents of such student move from one school district to another ...”

It took 20 years for a rule change to actually be made in this direction: “No student who has been enrolled as a high school student in any high school shall be permitted to participate in any interscholastic contest as a member of any other high school until he has been enrolled in such school for one full semester, unless the parents of such student actually change their residence to the second school district. In the latter case, the student will be as eligible as he was in the school from which he withdrew.”

There, in the first code of rules promulgated by the Michigan High School Athletic Association in 1924, is the core of our 2017 rule ... ineligible for one semester, with the exception for an actual change of residence.

Today we debate that the period of ineligibility is too short and the residency exception is too lenient.

As for the period of ineligibility, across the U.S., one year is more common than one semester. As for the residency exception, it exists everywhere. In fact, in some places the “transfer” rule is referred to as the “residency” rule.