Q: My children and I are homeless and considered McKinney-Vento. CIF is impeding my kids sports. What are my legal options?
I lost my job. Could not afford my rent, moved to my RV and was sent to Families in transition for support. During this time I been trying to get my kids eligible for sports. The CIF keeps probing questions of my previous school and wants the old managers contact information. I feel there is an overstep by CIF. Reaching out to my previous manager can have more negative impact, as I did not leave on good terms because I owe money due to employment loss. I feel as the CIF commissioner is looking for a reason to ban my children from sports. This is a belief based on the school being considered a “Power House” as stated by the section commissioner. They are looking for negative intent and instead of seeing my situation the way it is. “Homeless” we are being treated as if we committed a crime. I have tried working with school administration and the district to no avail. The CIF claims they have the right to thoroughly investigate all claims. Do I have any legal push back?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You have rights under the McKinney-Vento Act, which ensures that children experiencing homelessness can continue their education and participate in extracurricular activities, including sports, without discrimination. If the CIF is overstepping its boundaries by probing too deeply into your past employment or other irrelevant matters, this could be a violation of those rights. You may have grounds to push back if their investigation is not focused on the relevant eligibility rules and instead appears to be discriminatory or overly invasive.
It may be helpful to document every interaction with the CIF and school officials, including any requests they make and how they are impacting your children’s ability to participate in sports. This documentation will be useful if you need to take further legal action. You could also try reaching out to an advocate who understands the McKinney-Vento Act to help ensure your children's rights are protected.
If the school district or CIF refuses to address your concerns appropriately, you may consider filing a formal complaint or taking legal action to ensure your children have equal access to school sports and other opportunities.
A:
CIF definitely is a problem organization and control CA high school sports. If they have denied your child already, you can attempt to resubmit the transfer application with proof of the homelessness causing the school move. Gather as much as you possibly can to show the situation. If you have not submitted yet, just get as much as you possibly can to show the move basis, homelessness, etc.
Or, if they denied your child based on alleging preenrollment contact, etc. you may be able to file a state appeal. Unfortunately, most CIF denials are not appealable to the state CIF appeals office.
On a first transfer, you should get a half season sit out in varsity sports played within the last 12 months, so long as there are no other issues.
I am sorry for your situation- CIF can be very tough and difficult to navigate, for everyone.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
