Transfers
January 10, 2017
When it comes to transfers, the staff of the Michigan High School Athletic Association gets lots of advice, but it comes from opposing directions.
One camp thinks MHSAA rules are inadequate. This group suggests that we expand the basic period of ineligibility from approximately 90 days to 180 days and/or it wants the MHSAA to eliminate most or all exceptions that allow for immediate eligibility of a transfer student.
This first camp is so frustrated with high-profile athletic-motivated or related transfers that they want to clamp down on all transfers.
The other camp thinks parents have the right and responsibility to send their children to any school they wish and have immediate access to the full benefits of that school’s curricular and extracurricular offerings.
This second camp is encouraged by the laws of Michigan which have gradually extended “schools of choice” as an option that all school districts may exercise. And this camp will be emboldened if the Secretary of Education under the new regime in Washington, D.C. is the long-time schools of choice advocate who has been nominated by the President-Elect for this position.
This second camp is on the right side of history, no matter how much I dislike it and no matter how convinced I am that the better way to have improved public education would have been to invest more in neighborhood schools. Improving them builds most communities. Ignoring them, as we have for 25 years, sends surrounding communities into downward spirals that worsen poverty and public health.
The ill-advised efforts to improve education by enticing students out of their neighborhoods to attend schools elsewhere has undermined “local ownership” in schools; and it has had the side effect of encouraging more transfers motivated by or related to athletics. Monitoring and managing such transfers is made more difficult by these educational reforms; but the new world will not tolerate transfer rules that are seen as too broad and contrary to what has become public policy, however poorly conceived and executed.
The fact is, the future of the transfer rule will be less about extending its reach and more about retaining its existence.
Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.