+
Students with Service Dogs ©

Common Legal Objections to Service Dogs by Public Schools

* “Dogs are not allowed in public places.”
Answer: Guide dogs have been accepted in public around the world for over 100 years, and in the United States from the early 1920s. In 1975 Canine Companions For Independence was founded, to make specially trained service dogs available to people with disabilities other than blindness. This was met with resistance and dispute, until the passage of Federal laws that protect the rights of the disabled. The main laws are part of the Americans With Disabilities Act (“ADA“), and this covers the right to use a service dog that is trained to mitigate their disability with one or more tasks. Under the ADA, disabled owners of service dogs have the right to enter all places open to the public-governmental, educational, and business-accompanied by their service dogs. The only places that this law does not cover are private property, such as private homes and religious facilities, and in certain areas of medical facilities.

* “Dogs are not allowed in schools.”
Answer: Not true! Many schools across the country have in-house Therapy Dogs, who spend all day, every day, in public schools, often walking free through the halls. Guide dogs have ‘attended’ schools and universities with their owners for over 50 years, and service dogs for at least 30 years. This is required under Federal and state laws because public schools, colleges and universities are public institutions, funded by tax monies, and any one may make use of these facilities. There is no law, no part of the ADA or other Federal law, including the Individuals With Disabilities Educational Act (“IDEA”) that supports the preventing a service dog team attending any publicly funded school.

* “So anyone can just show up here with a dog, claim it is their service dog, and we are forced to permit this? Are there no safeguards against abuse of this law to protect students from people who just want to send a child’s pet with them to help them feel better?”
Answer: No, not every disabled person can or should use a service dog. And not every animal that wears a harness or vest is a service dog. There are rigid criteria that define exactly what a service dog is and is not, and though less clearly defined, there are also criteria that stipulate who can use a service dog. Unless these are met, the animal is at worst a pet, or it may qualify as an Emotional Support Dog (“EmoSD”), but unless the dog has been trained to perform on command at least one task that mitigates one aspect of the person’s disability, it does not qualify as a service dog under the ADA. And the choosing and training of dogs for this work is rigorous, detailed and takes months or years to complete. The work of training a service dog is long and exhausting for both trainer and dog, involving usually a minimum of one hundred twenty (120) hours of training over a period of no less than six (6) months. To quote from the standards set out by Assistance Dogs International, http://www.adionline.org/Standards/servstand.html ,

“1. A minimum of one hundred twenty (120) hours of training over a period of no
less than six (6) months, must take place under the supervision of a program's
trainer. During that time at least thirty (30) hours of regularly scheduled
training must be devoted to field trips and public exposure.
2. Basic
obedience skills the dogs must master with voice and/or hand signals are: sit,
stay come, down, heel and off leash recall.
3. The dog must show social
behavior skills of no aggression, no inappropriate barking, no biting, no
snapping/growling, no inappropriate jumping on strangers, no begging and no
sniffing of people.
4. The service dog must be trained to perform at least
three physical tasks.
5. The training time with the student prior to
placement must be a minimum of no less than 60 hours. This is both public and
private. All graduates must be given a solid education in appropriate behavior
of the team. The dog should stay as invisible as possible and not interfere with
people.”

As can be clearly seen by this, this is far more training than any pet receives, and when a dog is seen to not meet these standards of behaviour, most likely it is either a pet dressed as a service dog, or perhaps a service dog from a program, whose owner has not kept up the training.

As with any business, a school may ask 1) Are you disabled? 2) Is this a service dog? 3) What does the dog do for you? Under existing Federal laws, to the best of the author’s knowledge, this is legally all that a school may ask. But I believe it is reasonable for the school to ask for further information: for some form of proof of the child’s disability, the tasks the service dog does for the child, why it is necessary that the dog accompany the child to school, who will be the handler of the dog during the school day, what care will the dog need during the time at school, what equipment is necessary and so on. After all, when one applies to a program to obtain a service dog, this info and much more is asked, and is necessary for the trainers of the dog to assure a proper matching of service dog to new owner.

As was previously mentioned, not all who are disabled could or should have a service dog- it is not a universal remedy for all disabilities. Service dogs are considered medical equipment under the law, like canes or wheelchairs, and while those items are relatively common and simple to use by the majority, a dog, as a living being, requires much more care and maintenance. Daily feeding, grooming, exercise, and regular training to maintain the skills and tasks at the necessary level is more work than many disabled are able to cope with, though the performance of this care is in itself of great therapeutic value. Then, too, many may be physically or temperamentally unsuited to handling a service dog, be unable to afford the minimum care and feeding, or any one of many other reasons. This is even more important in the case of children with service dogs. To be permitted to handle a service dog themselves, unaccompanied by a parent, is a great responsibility that not many children are mature enough to take on. It is quite possible, but requires both a child with unusual maturity and sense of responsibility, and a dog that is particularly calm and unlikely to take advantage of the child’s occasional handling mistakes or omissions. The child must be able to absorb a great deal of training in the handling of the dog, its daily care, and proper ettiquete in the handling of a service dog in public. Otherwise, it is necessary for the parent to accompany the child to school daily, to handle the service dog for the child, as it is unreasonable to expect the school to take on this job-the parent is the one who has received the training in the use of the service dog, not the school, and the parent is intimately familiar with the child, and therefore is the only one who is able to do this.

So, it has here been demonstrated that it is easily determined if a dog presented by a parent is actually a service dog, and how to facilitate the admission of children with them. It is also demonstrated that it is completely legal for service dogs to accompany their owners to all public places, including public schools, colleges and universities, provided that the usually accepted service dog etiquette and handling practices are observed.

©P.G.Nichols
November 5,2005
Students With Service Dogs©
http://groups.yahoo.com/group/SDs_In_Schools

+
Students with Service Dogs ©

Common Objections to Service Dogs by Public Schools
~Physical~

* “Dogs cause allergies.“
Answer: Yes, they do. So do many other things, such as different foods, fabrics, perfumes, cleaning supplies and other things that are commonly accepted at all schools. Yet these things are not banned, because they are useful and simple precautions can help avert problems for those with severe reactions to these things. The mere presence of a well cared for service dog will be no more triggering than any other common environmental allergen.

* “Dogs bite.”
Answer: Yes, any dog can bite, under sufficient provocation. The purpose of training is, among other things, to raise the service dog’s level of tolerance to such a point as to make this possibility highly unlikely. While in training, service dogs are exposed to increasing levels of new sights, sounds and experiences that they may encounter, and their reaction is very carefully monitored for signs of anxiety or stress, and any dog who cannot cope is taken out of training, never to be more than a well trained pet. Service dogs are trained to put up with the problems of their owners dropping items on or around them, tripping, stumbling, and even stepping on and falling on them, so little bothers them to any extreme.


* “Dogs carry parasites.”
Answer: yes, they can. So can humans. The answer to both is simple: good hygiene and normal health care. Service dogs receive better health care than any other dogs, because their owners lives depend on them. Internal parasites are therefore not a problem, and a well groomed and clean service dog will have been receiving regular flea prevention.

* “Dogs eliminate-that is a great health hazard.”
Answer: Yes, dogs do have the need to ‘answer the call of nature’, but unlike pets, service dogs are completely housebroken, and trained to eliminate on command while on duty. Owners of service dogs carry with them plastic bags for clean up and disposal of waste, and many have small clean up kits with them for wiping paws and other small sanitizing needs. Normal procedure is to take the service dog some place where it is unlikely others will walk, to allow the dog necessary time for what is needed, and then the result is collected and thrown away in the nearest outdoor trash can.

* “Dogs shed hair and track in mud in wet weather.”
Answer: Yes, anyone standing by any door will see every foot bringing in water and mud-and human shoes with the popular deep treads bring in much more than any four dog paws ever could. As for shedding, yes, shedding is a fact of life with any dog and unavoidable. But the normal grooming every service dog receives daily keeps this to a minimum, and the conscientious handler is aware of the problem, and cleans up the stray fur that is visible, if any is left. Many students with service dogs carry a mat or blanket for their dog to lie on, for this reason.

* “Dogs are a distraction to the other students.”
Answer: Yes, they are…but normally only for a short time, while everyone becomes accustomed to the change in their daily routine, when they will then simply become ’part of the furniture’, so to speak. Service dogs are trained to be quiet and unobtrusive at all times, and will settle beside the student and remain quietly until needed.

* “Dogs bark, whine and make noise.”
Answer: Yes, they do, and this is something that is vital to many who use service dogs. Service dogs are trained to use their voices to alert, to signal, and even to comfort. They do not bark or vocalize without reason.

* “You make these animals sound magical- are you saying that a service dog will never shed, throw up, or make other messes? That it will never bark or whine or be noisy? Can you guarantee that it will never bite or scratch anyone?”
Answer: For all the training these animals receive, they are still animals, and there is always a chance of a problem. But with proper care and handling, chances for these things are greatly minimized, and the handler is prepared to cope with any care the dog needs away from home. Trained service dogs have been used in public places all over the world for over 100 years, and the training and uses of them is being expanded and refined constantly. The incredible benefits from the use of a service dog far outweigh the occasional minor problem.

© Copyright November 5,2005
Patricia G. Nichols
Students With Service Dogs©
http://groups.yahoo.com/group/SDs_In_Schools/

....yikes,its been awhile since i've had the time to update this,but what an update!

October,2005

Aric and Tagg: Service Dog Pioneers on the Oregon Trail

By P.G.Nichols

Our son,Aric,who is 14,has a high functioning form of autism called Asperger's Syndrome. He has had the assistance at home of a service dog for many years,but circumstances and lack of maturity prevented him from having his service dog with him at school as well,which meant that he was not able to attend school,but rather be homeschooled...his stress at being around other children and unknown situations is more than he can cope with alone. But with a service dog trained to alert him to rising stress and anxiety,and then calms him by insisting that Aric focus on him,with petting and so on,among other tasks,Aric is now able to face the world on his own for longer periods of time. Together,Aric and Tagg,his sable rough collie service dog,go out to do errands,walk to therapy at the clinic across town,or just go out to the minimart for a coke and a treat for them both. Aric and Tagg are a well known sight around our little Kansas town-the tall,handsome boy with the shy smile,and the handsome sable rough collie in the bright red backpack who always greets new friends with a 'handshake'. None of these things were possible for Aric before he had Tagg....now we can let him do more and more things that 'other kids' can do,without worry about his getting disoriented or lost,or even having the 'wrong sort' of stranger approach them and try to strike up a conversation with Aric,who is too friendly for his own safety-Tagg is very alert to how everyone around him is feeling,and when he doesn't like a particular person,he simply takes Aric away from them,easily done,since his leash is one that goes over Aric's shoulder and across the body...he just walks off and Aric knows it is time to listen to Tagg and leave. Tagg has a number of tasks,and all have verbal commands,but most of what he does is in trained response to situations. This way, we can count on him to know when to help Aric,and to do so without always needing a direct command.
These two were recently featured on the local CBS TV affiliate,because of the local public school refusing to allow Aric to attend classes with his service dog,even though this obviously in violation of Federal law permitting the disabled access to free education. We have been in contact with the school district regarding this for many months,and have made available to them the laws on this,and many precedents of high schoolers attending class with service dogs,and for months would not allow him to attend school. But finally,after months of waiting and work,Aric and Tagg got the green light to come to school together! We are so proud of them both,and they are both so special that their story could be a help to other teenagers and young adults who have Asperger's Syndrome,and who could be helped by a service dog....and collies seem to have a special talent for this work. Tagg is literally a Cinderella story,of the dog who was so often in the pound that he was about to be put to sleep,who became a service dog,helped shape the service dog laws of Kansas while making friends in the Kansas Statehouse,and now working with Aric in class and out.

As we came out of the decisive IEP meeting, Aric turned to me,and says,"Well,Tagg and I have blazed a new part of the Oregon Trail,to help other disabled kids come to school with their service dogs".....that totally blew me away! Where we live,here in Kansas,we literally do live on the Trail-it is our alley and back yard as it cuts through our town,and we often remind the kids of different things that happened to folks as they traveled through here long ago. But to have that kind of sense of history, it was amazing!

+++++++++++++++++++++++++++++

(this is a list of Tagg's tasks that we prepared as part of presenting his case to the IEP team in charge of Aric's studies in the public school)

Tagg's Service Dog Task List,Oct4,'05

Aric Nichols' service dog,Tagg:
Breed: purebred rough collie
Age:about 7 or 8 years old.neutered.
Training: Obedience basics,Service Dog tasks,Public Access Training,Delta
Society Therapy Dog training.

***SERVICE DOG TASKS:

(As Aric is autistic,and often forgets commands when upset,Tagg is trained
to work without direct command,in response to situations. Many commands are
ones that we,his parents,use more often than Aric.)

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 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,
http://www.iaadp.org/ on this task:

Provide Tactile Stimulation to Disrupt the Overload
Tasks 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 without, 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 serves 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.]

~~~~~~~~

This is a new team,and they are still in the bonding stages,and we are
seeing the beginnings of new tasks that with training can help Aric to
better mange his disability. A service dog is always in training,till the
day they die,and are always learning new tasks for their masters....Aric' s
service dog,Tagg is already a experienced SD,as well as a Therapy Dog,and is
learning more every day.

Partial Commands List:
Sit
Stay
Down
Heel
Come
Stand (doubles as the command to brace)
Easy
Speak
Paws Up
Come Up
Shake
Potty Time
Hup
Get Down
Want a Drink?
Are You Hungry?
Where's Aric?
Go Help Aric
Where's Dad?
Playtime
Where's The Door?
Get It/Pick it up
Watch

October 4,2005

»§«.,¸¸,.·´¯`·.,¸¸,.»§«
For more info:
Students With Service Dogs
http://groups.yahoo.com/group/SDs_In_Schools/
And
DePorres Service Dog Trainers Guild
http://groups.yahoo.com/group/DePorresServiceDogs


Patricia Gail Nichols
deerskin@oct.net