The Waiver Process

August 21, 2015

Last school year, over the course of 12 meetings, the MHSAA Executive Committee received 467 requests from member schools to waive either a minimum standard for student eligibility or a maximum limitation on competition. Three hundred sixty-two of these requests for waiver were approved. That’s 78 percent.

This was a typical year – neither a record high nor record low in the number of requests, or of waivers approved.

Under the MHSAA Constitution, to at least some degree, every Handbook regulation may be waived by the Executive Committee. However, it is an abuse of authority if there is not  a compelling reason for the waiver – that is, a clear case where the rule works an undue hardship (not just any hardship) on a student or school, or the rule fails to perform its intended purpose in the particular and unique circumstances documented.

There are times when school administrators will disagree with an Executive Committee determination, and more times when parents will disagree – and sometimes the difference of opinion leads to unjustified attacks on the MHSAA or individuals. This is unfortunate, but inevitable when critics see their situation alone and not in the context of past and future precedent.

Nevertheless, in recent years, fewer than one in 400 waiver requests that is not approved has been appealed to the full MHSAA Representative Council. I believe this reflects not only that the Executive Committee has been getting the decisions right, but also that those who are making the requests have felt well heard and served.

We work hard to create that atmosphere, even in the presence of emotional, invested parents who are advocating for their children. From a real live receptionist who greets every telephone caller, to our associate director who helps administrators prepare each request to the Executive Committee, we strive to present every request for waiver in its best factual light and every rule involved in its complete educational and historical context.

A 7’ Tall Tuba Player

October 11, 2016

In countless school and community gatherings all across Michigan, and in more printed pieces than I can remember, I have advocated for students to attempt to sample all of the diverse activities that a comprehensive high school has to offer ... both athletic and non-athletic activities. It is this variety that highlighted my own school experience and enriched that of my two sons.

Because of my outspoken advocacy for speech and debate and music and drama, I have been asked why I do not advocate that the Michigan High School Athletic Association serve and support those activities in the way it does sports.

The first and foremost reason is that those school programs are already well served by existing organizations in Michigan. But more fundamentally, I resist expansion of MHSAA authority to those activities because it would undermine the essential eligibility rules we must have for competitive athletic programs. I have seen this pressure in other states, but sports has regulatory needs that speech and debate and music and drama do not.   

While the profile of some of these programs in some of our member schools is as high as any sports program in those schools, the competitive pressures are still different. No one is recruiting tuba players from one school to another. Debaters are not often subject to undue influence. Meanwhile, sports programs are under intense pressures that lead to athletic-motivated and athletic-related transfers, undue influence and other unsavory behaviors.

As I recently explained this rationale to my colleagues in neighboring states, all but one of which is an athletics-only organization like the MHSAA, one of my counterparts chipped in: "Well, we did once have a tuba player be recruited by and transfer to another school in our state. But he was seven feet tall and, in addition to playing in the band, he was the basketball team's highest scorer and most prolific rebounder."