An Unsustainable Trend

February 10, 2015

Decades ago there was much criticism from college and university physical education departments that schools were sacrificing broad-based programs of intramurals and recreation for higher-profile programs of interscholastic sports teams.

Today, broad-based intramural/recreational programs have all but vanished from schools; and the criticism now is that elite community club and travel teams threaten the broad and deep interscholastic athletic program schools have been providing students.

In my lifetime, I’ve seen the image of school sports go from elitist to egalitarian. From a few sports teams for boys in the 1950s, to teams on multiple levels in many sports for both boys and girls today.

Over the same period when the public profile of school sports has been diminished by many societal trends but especially the ascendancy of major college and professional sports riding the proliferation of television sets and rising profits from sports broadcasts, the breadth and depth of school sports was busy expanding the circle for which it provides opportunities to play.

The irony is that in this time of school sports’ greatest inclusion, school sports is on its weakest financial footing. When it is doing the most, school sports is being supported the least.

It’s an indefensible, unsustainable trend that must be addressed by those who control the purse strings of state government and local school districts.

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.