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NCYL won a major case in California, securing fair and equal treatment of foster youth who play high school sports. This victory could potentially affect thousands of foster youth in the state.
NCYL Senior Attorney Leecia Welch (left) and NCYL Staff Attorney Bryn Martyna (right) congratulate Dalton Dyer (middle) after his team's win in the second round of the Sac-Joaquin Section Playoffs |
NCYL won a major case in California, securing fair and equal treatment of foster youth who play high school sports. This victory could potentially affect thousands of foster youth in the state.NCYL represented Dalton Dyer, a 16-year-old foster youth who transferred to Placer High School this year due to a change in his foster care placement. Part of the way through the season, the California Interscholastic Federation (CIF) found him ineligible to play on the school's football team because certain transfer student paperwork had not been completed -- paperwork that would not have been required of a student moving with his "entire immediate family." Although the school quickly completed the requirements imposed by the CIF and Dalton was found eligible, the CIF forced his team to forfeit wins they had already earned, which kept the team out of the playoffs.
NCYL took on the case because of its commitment to advocating for the educational rights of youth in foster care, and to ensure that laws protecting those rights -- such as California AB 490 -- are enforced. NCYL argued that the CIF's bylaws, which force foster youth to overcome barriers that would not exist if they were not in foster care, violate California law requiring that foster children be provided with immediate and equal access to all programs that are available to other students.
NCYL obtained a temporary restraining order on Friday, November 21, to delay the playoff game scheduled for that night. On Monday, November 24, Alameda County Superior Court Judge Judith Ford ruled that the CIF's bylaws were in violation of California state law. Thus Dalton should never have been found ineligible, and the wins should not have been forfeited. The forfeits were "set aside" and Placer High was allowed to participate in the playoff game that Friday, which it won. The team went on to win in the next round of the playoffs, and competed in the Sac-Joaquin Section Division IV championship game on Friday, December 12. Although they lost, it was the first time Placer High played in the championship since 1981!
The more lasting effects of this case will be felt throughout California, as foster youth are afforded fair and equal treatment by the CIF. The CIF must now change its bylaws to ensure foster youth are held to the same eligibility requirements as youth living with their families. Foster youth will no longer be required to file extra paperwork or apply for special waivers.
For many foster youth, a sports team can provide an important social community in an otherwise unfamiliar school. Interscholastic athletics can also provide an incentive to continue succeeding in school. In standing up for his rights, Dalton ensured that thousands of foster youth have equal and fair access to these opportunities.
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Nominate Dalton Dyer for the Rudy Award!
Judge says foster youth can play football
An Alameda County judge ruled Monday that the [CIF] violated state law when it found a Placer County foster child ineligible to play football because of a paperwork mix-up.
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