+The Essentials of the Situation.....

.....i'm just another mom with a kid and service dog team and i just have to share our story,in the hopes that it will help other parents in similar situations. i'll try to keep this updated,so that there is a record of what happens,so folks can see what works and doesn't work in our situation....

we are in the middle of an ugly access battle over the refusal of the public school here to allow our 14 year old son,who has a high functioning form of autism, to attend part time classes with his service dog,Tagg. it has been extremely stressful for him and for the rest of our family,to have him barred from school in this manner. his SD,a rough collie folks always call 'Lassie' when we are out and about,helps him,among other tasks, maintain emotional balance by alerting him to his stress level,gives him calming sensory imput through touch,scent,and sound,keeps him alert and oriented to his surroundings when he is out on his own (something we NEVER dreamed would be possible,in the days before he had Tagg!),and provides not only a marvelous social bridge for him,facilitating contact with new people,but also presents a new,positive image for the autistic....too many think "RainMan" or "retard" when they think of the autistic. Instead,now they see this tall,handsome boy,rather shy,with the beautiful collie,dressed in a bright blue SD pack,at his side who always sits down to present a shining white paw for a handshake....Aric and Tagg are well known around town now,and are even making friends in towns where we have to travel to shop,the nearest market being 7 miles away,and the nearest Walmart 30 miles away.

....but the school district,after having originally agreed to the situation-verbally- reneged on the agreement,they actually tried to stop it the first day,so my husband took them to school that morning,and were met at the door by the teacher who later that day sent Aric and Tagg home. the teacher tried prevent their entering the school, telling my husband "it wasn't allowed",and Wayne just reminded him that this is federal law,and took them to their classroom....and,later that day-not even their usual full time,only two days after Aric and Tagg began school,sent them home,without even a note or call to me first before sending them home,with the harsh words,' You are welcome back to school anytime,but without the dog'.....no prior warning to us,nothing. the reason? none given whatsoever,except a vague mutter about one teacher being 'allergic to dogs'. no complaints at all about either Tagg's behaviour,or Aric's handling of him......and in the months and meetings since then,there has been more and more idiotcy clouding the issue....mainly tiny things they are grasping at,to stall and try to wait us out,i think.

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the 'reasons' given for the ban on Tagg's presence at school with Aric are specious and ridiculous,to say the least:

* " he isn't disabled''.....sorry,but he has had many doctors repeatedly test him,and the results have always come back as his having Asperger's Syndrome. and he has been recieving SSI for many years....and that is given to the disabled.

* ''AS isn't mitigated by any service dog tasks"....oops,that is also incorrect. while SDs for autism is one of the more recently publicised kinds of service dog work,it is hardly new or unknown....the tasks performed by Tagg are ones that are very common for psychiactric service dogs(PSD). I had originally trained Tagg for myself,as i have a number of disabilities myself,and Tagg was my first PSD,so i am very familiar with his abilties.

* "we don't want the child to look different"....sorry,wrong again! for one thing,anyone who speaks with Aric for more than a few minutes will become very aware that he *is* different. but since when is different something to be avoided or feared? isn't our country one of diversity? many cultures,races,abilities and disabilites,all coming together in a marvelous whole,with each of us benifiting greatly from all of it,even if we are not aware of it. too many today have the mindset of 'curbie',as in eliminating autism and its cousins,while totally forgetting that this is the same thing that contributed so much to what made up the genius of many of history's and today's great minds.....i have often called AS "God's blueprint for genius',because it seems to give the person an abiltiy to focus and concentrate on a subject,to the exclusion of all else,and to extract from it insights that have led to the creation of many works of art,science and literature. true,this gift comes at the price of being what many call 'socially retarded' or 'nerds',but it it were not for those on the autistic spectrum,this world would be much poorer in many inventions,art,science and such that we cannot imagine living without.

* "one of the teachers is allergic to dogs-we can't allow a dog here because of her'....nope. not a good enough reason. for this to work,this person would have to have so severe an allergic reaction to dogs as to be disabling,as set out in the guidelines of the Americans With Disabilities Act (ADA).....and even then,it wouldn't fly,because both the teacher and the student would be covered under the ADA,the teacher for her allergy disability and the student for his. so accomodations would be made for both,like seperating them in the building,and so on.

* "what if the dog bites someone?" wrong again. service dogs are carefully screened for temperment,tested and trained in conditions that gradually ramp up to and including expousure to airplanes,cargo hangers,auto repair shops,playgrounds at the height of recess, butcher shops,pet stores full of puppies and kittens...you name it,its likely been trained and tested for. a properly trained SD will,at most,give a cursory glance at a pen full of kittens,or a tail wag to a passing dog while going on with his work. any dog can and will bite,given sufficient provocation....but those situations are so extreme that it is just as likely that the humans around would be either the cause of the SD's agitation,or stressing it so much that it felt that it and its handler were in danger. either way,these are rare and extreme situations,that every precaution is taken to prevent,both in the SDs training,and in the use of it later.

* "the dog is not professionally trained! he isn't from an accredited school,so he can't be a certified service dog"....wrong on all points. under federal law,and that of most states, a service dog can be trained by its owner as well as by a program.....both are perfectly legal and acceptable. and under federal law,it is not necessary for a service dog to be certified. there is no national or state standard to which service dogs are held to,so there is no way to certify them. the only thing that service dogs could be tested for would be for proper obedience training and training in public access deportment.....not a bad idea at all,but not one that is requred by law anywhere that i am aware of,certainly not on the federal level. and the federal law trumps all state laws if it gives the greater protection.


...these are but a few of the excuses that have been blocking the way for Aric and Tagg returning to school....that,and spurious statements like 'the IDEA trumps the ADA,and under the IDEA the school is not bound by the ADA and does not have to admit a service dog unless we feel it is to the advantage of the child'.....can you believe it?! i have studied both in depth,and no where can i find anything that even remotely hints at such a thing,but rather that the IDEA actually supports the use of assistive equipment/devices/etc in enabling the child to learn more easily. so the notion of a service dog being disallowed by anything in the IDEA.

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....here are two items that were given to the school,and sent to the Special Education director,regarding Tagg's tasks,and what to expect of him while at school:

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An explaination of some of Tagg's tasks,from a list we sent to be given to Aric's teachers:

*Physical:*stops at curbs,to alert to street.If car approaches,service dog holds back and alerts to danger. Aric often walks out into the street when distracted,and has had too many close calls.* orienting-knows usual routes to and from familiar destinations,cues Aric when he is unsure of direction.*physical boundary with strangers-if service dog is unsure of new person,he will stand/sit between Aric and them in a non threatening way. This is important,because Aric is too friendly,and not able to properly judge intentions,or mistakes a stranger for a known friend.

*Retrieving belongings-Aric often puts down things while in public,and the service dog is on the alert for this,and calls his attention to the dropped item/retrieves it. (work in progress)

Mental:* Emotional stabiliser/safety valve: Aric is very good at not showing how he really feels,both physically and emotionally. His service dog's presence is a constant,a calming,know quantity that is soothing to him by touch,scent and sound,and prevents his emotions building up to a dangerous level where he has hurt others in the past. His service dog permits extended petting/grooming sessions,and something we call 'kid attacks' where Aric,when under a great deal of tension (both good and bad), will suddenly swarm all over the service dog,with pettings,crooning,and heavy physical contact,such as partially lying on the dog, the dog standing over or lying on him, washing his face, We have tried out more than one dog in the search for a dog tolerant of this,who enjoys this intensity of contact,and it is rare. This task is also enabling Aric to avoid the depressive episodes he used to have when faced with the dichotomy of his abilities vs. friends,the cruelties of teasing the 'different' kid,and so on. His SD is a natural antidepressant/mood stabiliser,without the dangerous chemical side effects.(quote from the International Association of Assistance Dog Partners website on this task:Provide Tactile Stimulation to Disrupt the OverloadTasks that will provide a tactile distraction from disorder symptoms are useful in emotional overload situations. In addition these tasks provide a reality affirmation. This type of diversion tactic becomes an actual task when the behavior can be reliably induced on command rather than depending on the breed of dog, a dog’s whim, or the handler needing to coax a dog into the right mood. Most dogs do not rush sympathetically to the side of the human partner to comfort the person when he or she becomes tearful or lies there trembling with fear or other emotions. Nor do they engage in the following behaviors automatically, without specific schooling. The following tasks have been effective ways to accomplish the desired results. (e.g. to help mitigate the symptoms)Dog will lay head in lap, then do nudging, on command or cue till partner can respond.Dog will do “Lap Up” - Putting forepaws in lap, hold that position and may be taught to put his head on the partner’s shoulder, if tall enough.Dog will lick face on command, or nuzzles partner to help bring partner to full awareness and to prevent withdrawal or the onset of more sleep disturbances.Dog trained to get up on the bed on command and to tolerate a lengthy stay, obediently lying across the person’s lap or next to them for as long as needed to permit the use of a team relaxation technique like the Tellington Touch to mitigate the emotional overload. )

*Social:* serves as a 'bridge' to other,non disabled people as a conversation starter,as a safe haven to focus on before the pressure of the unfamiliar conversation becomes an overload. The service dog also can serve as an emotional "boundrary" of safety,when Aric is unsure or apprehensive of a social situation,by being the 'friend',the 'go between' that the attention is funneled through to and from Aric. This has already had good results,with Aric obsessing less over subjects he is interested in when in conversations,and better able for the give and take of a 'normal' conversation. This is a task comprised of several elements that can vary from one time to the next,but usually entail tactile contact, some boundary work,and often a simple trick or two.

* Emotional stabiliser/safety valve: See above,under 'Mental'.

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(...from a sheet given to the school,information for the teachers,etc)

*Basics of Service Dog team in school*

Aric is attending school with his certified Service/Therapy Dog,Taggart. The service dog ("SD") will always be clearly marked as such,by wearing harness,backpack or vest with "SERVICE DOG" or "ASSISTANCE DOG" patches on it in plain view,and with photo ID,as is required under Kansas state law
This SD is to be handled only by Aric,his owner at all times. No one else is permitted to take the leash from Aric at any time,under any circumstances,except one of the school personnel,and then only under extreme circumstances (injury to Aric,for instance). Even then,the SD is to be kept with him at all times,and never separated from him.* Petting is permitted,but only when the SD is not in work mode. Aric knows the drill: the SD is to sit at his side,and only then may one child at a time pet the SD. No one may take the SD from Aric. Only petting is to be allowed-under no circumstances will the SD be allowed offleash to play or any other reason. This is a very friendly,affectionate dog,and one that loves petting,but he is there in a professional capacity,not as a pet or a plaything.* On a normal day,Aric will come to school with his SD,and before class,he will put down a blanket for his SD to lie on beside him or under the table or desk, and out of the traffic patterns. Please remind him of this,if he needs to tuck the SD in a bit more,as the dog moves about. The SD is trained to remain on a down/stay on command,and will lie there quietly,with a toy or such to occupy him if need be,or sleep. Aric has with him all that his SD needs:blanket,toy,treat. Aric will maintain control at all times of his SD by means of the harness or leash,which is normally worn across his shoulder,he will not put down the leash for any reason. Aric will take his SD outside for potty breaks,and is prepared to collect any waste that may be left. He is taught the how and where of this,and this SD is well trained in this respect.

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....here are some of the laws that have a bearing on this case:

The Department of Justice brief,regarding access-applies to all state,Federal and public places:
http://www.usdoj.gov/crt/ada/svcanimb.htm
ADA Business BRIEF: Service Animals
Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.
Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.
Caption: Businesses that serve the public must allow people with disabilities to enter with their service animal.
Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability.
People with disabilities who use service animals cannot be charged extra fees, isolated from other patrons, or treated less favorably than other patrons. However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal.
A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others.
In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises.
Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself.
Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
Violators of the ADA can be required to pay money damages and penalties.

Caption: Service animals are individually trained to perform tasks for people with disabilities.
If you have additional questions concerning the ADA and service animals, please call the Department's ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY) or visit the ADA Business Connection at ada.gov.Duplication is encouraged. April 2002

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Kansas state laws regarding access:
http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=16047
Kansas state laws on Service Dogs
KANSAS / K.S.A. 39-1101, Sections 39-1101 through 39-1106, amended in 1981 Kansas statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all common carriers. No extra charge can be levied because of the dog's presence, but the dog guide user is liable for any damage to the premises that the dog might cause. It is Kansas state policy to ensure equal opportunity in employment to blind persons in its state service, or in the service of its political subdivisions, in public schools, and in all public employment, supported in whole or in part by public funds, except where the disability prevents performance of the work involved. Public accommodations include public buildings, hotels, lodging places, establishment for sale of food, places of resort and amusement, and all other places to which the general public is invited. (Sect. 39-1101, Sect 39-1102) Common carriers include boats, airplanes, buses, trains, and all other modes of transportation offered for public use. (Sect. 39-1101, Sect. 39-1102) Violation: Any person, firm, or corporation or agent thereof who interferes with the above enumerated rights is guilty of a misdemeanor and punishable accordingly. (Sect. 29-1103)
(.....laws for guide dogs are the same as for service dogs.....I know,because I was there when the laws were crafted. What is being done to our son Aric is a violation of state law and federal law and of his civil rights. )
http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=16047
39-1113
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 11.--PHYSICALLY DISABLED PERSONS
39-1113. Assistance dogs and professional therapy dogs; definitions. As used in this act and in K.S.A. 39-1101 through 39-1109, and amendments thereto:
(a) "Assistance dog" means any guide dog, hearing assistance dog or service dog.
(b) "Guide dog" means a dog which has been specially selected, trained and tested for the purpose of guiding a person who is legally blind.
(c) "Hearing assistance dog" means a dog which is specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds.
(d) "Professional therapy dog" means a dog which is selected, trained and tested to provide specific physical or therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team, and as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community based group settings, or when providing services to specific persons who have disabilities. "Professional therapy dog" does not include dogs, certified or not, which are used by volunteers for pet visitation therapy.
(e) "Service dog" means a dog which has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: Pulling wheelchairs, lending balance support, picking up dropped objects or providing assistance in, or to avoid, a medical crisis, or to otherwise mitigate the effects of a disability.
(f) The presence of a dog for comfort, protection or personal defense does not qualify a dog as being trained to mitigate an individual's disability and therefor does not qualify the dog as an assistance dog covered under the provisions of this act.
History: L. 2003, ch. 64, § 1; July 1.
39-1108

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 11.--PHYSICALLY DISABLED PERSONS
39-1108. Same; use of service dog by person with disability. Every person with a disability shall have the right to be accompanied by a service dog, specially selected, trained and tested for the purpose which shall include, but not be limited to, pulling a wheelchair, opening doors and picking up objects, in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, in the acquisition and use of rental, residential housing and in the purchase and use of residential housing without being required to pay an extra charge for the service dog. Such person shall be liable for any damage done to the premises by such dog.
History: L. 1989, ch. 127, § 1; L. 1992, ch. 205, § 14; L. 2003, ch. 64, § 6; July 1.

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