Future high school student-athletes who repeat a grade because of learning disabilities won't risk losing their athletics opportunities as seniors — the legacy of recent Ashby, Minn., High School graduate Deklin Goeden.
The Minnesota State High School League's Representative Assembly voted 48-0 this month to change the language of Bylaw 110, which helps determine student-athlete eligibility. Several families had taken legal action to fight the bylaw, but the Goedens were believed to be the first to win a court decision.
The previous bylaw language stated that student-athletes were allowed 12 consecutive semesters (six consecutive years) of eligibility beginning in seventh grade. Because he repeated seventh grade due to a learning disability, Goeden used up his eligibility and was told he wasn't able to compete his senior year, 2020-21.
The Minnesota Human Rights Acts states that it is an unfair discriminatory practice "for a place of public accommodation not to make reasonable accommodation to the known physical, sensory, or mental disability of a disabled person."
The Goeden family accused the league of illegal discrimination by reason of a learning disability. They received a preliminary injunction against the league on Dec. 28, 2020, from Hennepin County District Judge Jacqueline Regis.
The league appealed, and the case was settled via mediation. As part of the settlement, the MSHSL agreed to consider changes to Bylaw 110.
The bylaw now states, in part:
"Each student is eligible for participation in League-sponsored athletic activities for four consecutive school years beginning with their initial entrance into ninth grade. This school year limitation applies regardless of whether the student participates in athletic activities.
