The Montana Supreme Court has made significant changes to student eligibility rules governing high school athletics, a decision rooted in part in the case of a Colstrip High School basketball player whose eligibility was denied by the Montana High School Association despite disruptions caused by the COVID-19 pandemic.

Zayne Hert struggled academically during remote learning and became academically ineligible during his sophomore year. As he approached what would have been his senior season, his family sought a fifth-year eligibility waiver, citing the pandemic's impact on his schooling. School administrators indicated he would likely be permitted to play. But the Montana High School Association — the quasi-public body that oversees extracurricular activities statewide — unanimously rejected the waiver. When Hert's family sought a written explanation, the association declined, saying it was a private organization and was not obligated to provide one.

Rosebud County District Court Judge Rennie L. Wittman sided with the association, ruling that by the time court proceedings were underway, Hert had graduated and the case was moot. The ruling left the Hert family without recourse — and left in place an eligibility structure that the Supreme Court has now moved to address.

The Supreme Court's changes alter how eligibility rules are applied and, significantly, what process is owed to student athletes and their families when waivers are denied. The ruling echoes a concern raised years earlier by former Justice James Nelson, who had written about the difficulty of obtaining timely court relief before a season or school year ends. The decision will affect how the Montana High School Association handles future waiver requests across the state.