BlindNews:Girl's new service dog unwelcome at school
Girl's new service dog unwelcome at school
5/12/2004
From: The Springfield News-Leader
By: Jeff Arnold
Pierce City - When the bell sounds, Karen Meinke tries her best to navigate the busy halls of Pierce City Middle School to get from class to class within five minutes. It isn't easy. The 14-year-old was born with chronic hip dysplasia, a disorder that has caused her hips to slowly deteriorate over time. She has also been diagnosed with bipolar disorder, requiring her to take medication that often makes walking difficult.
If she moves slowly through the halls, she's occasionally late for class. If she walks too quickly, the joint pain increases, and there's a greater risk she'll fall and further damage her hips.
As her condition has worsened, her family went through the lengthy process of obtaining a service dog to help with her walking. Last month, she got Zeus, an 85-pound golden retriever trained at a service agency in Ohio.
But now, the school district is balking at letting Zeus in the door.
Since Karen and Zeus were placed together, Pierce City school officials have not allowed the service animal to accompany Karen to school.
Karen's family believes the district's decision violates the Americans With Disabilities Act of 1990, which protects people who suffer from disabilities and permits service dogs in public schools. Karen's mother, Cathy Kelley, has contacted the U.S. Department of Education's Office for Civil Rights in Kansas City as well as the U.S. Department of Justice.
Pierce City Superintendent Lois Klatt declined to comment on the specifics of the case, citing privacy rules that she says keep her from discussing an individual student's situation.
"All I can say is that we are following proper procedures and guidelines regarding situations here at the school," she said.
The school's attorney, Ransom Ellis, also declined to comment.
The Department of Education's Office for Civil Rights received Kelley's complaint last month and is considering investigating the matter, spokesman Carlin Hertz said.
The process of determining whether a school district is out of compliance with ADA standards can take up to 180 days.
"We treat every complaint the same," said Hertz, whose department receives nearly 5,000 complaints of unsatisfactory behavior each year.
Kelley said she provided the school with paperwork from Karen's doctors stating that Karen needed aid in walking because of her medical condition.
"I think the dog really helps her - she's a teenager and she's going through an awkward time and if she's falling, that can be embarrassing," said Dr. Cheryl Williams, Karen's family physician. "(The dog) allows her to ambulate more like everybody else."
Williams offered to write a prescription for school officials, stating that Zeus helps stabilize Karen.
For Karen, who suffers from multiple disabilities, a service dog is preferable to other forms of assistance such as a cane or walker, Kelley said.
Neither the paperwork or a doctor's recommendation changed the minds of school officials.
What the law says
Under Title II of the Americans With Disabilities Act, any public entity - which includes schools - is guilty of discrimination if it does not make reasonable accommodations for the needs of the disabled.
The law's provisions include permitting a person to be accommodated by an assistance animal, which is defined as "any guide dog, signal dog or other animal individually trained to work or perform tasks for the benefit of an individual with a disability including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items."
Under the Americans with Disabilities Act, a school would be in violation if it had a blanket policy restricting students from using necessary methods to aid with their disability, said Cecilia Callahan, director of advocacy for Missouri Protection and Advocacy Services, a watchdog group based in Jefferson City.
Klatt said the school does not have a policy prohibiting animals from being brought onto district property.
If no such policy exists, an accommodation plan must be constructed, ensuring that students with disabilities have the same access to a quality education as other students, Callahan said.
Another law that may apply is the Vocational Rehabilitation Act of 1973, which prohibits discrimination by a school district because a student is disabled. According to the federal act, disabled students are defined as those who have a "physical or mental impairment which substantially limits one or more major life activities such as walking, learning, hearing, caring for one's self, performing manual tasks, speaking and breathing."
Michael Jungers, an assistant dean of students at Southwest Missouri State University, oversees the university's office for disability services. He said if a case like Karen's arose at the university level, officials would confer with the physician to determine whether a student was qualified to use a service animal.
If school officials agreed such an animal was needed, it would be permitted to be used in all aspects of university life, Jungers said.
"The law would pretty much apply at the elementary and secondary levels," he said.
Injured on school trip
Since receiving Zeus, Karen has not been allowed to bring her trusted companion to several school functions - including one during which she was injured.
Last month, she traveled to Six Flags in Dallas as part of an honor student trip. While at the park, Karen fell, twisting her leg and tearing ligaments. For the next two weeks, she'll continue to wear a soft cast to protect the injury.
Kelley can't be sure her daughter would not have fallen had she been with her service dog. But she believes her daughter should be allowed to use the dog in all circumstances.
"She is being denied based on her handicap," Karen's mother said. "It's not because she has an animal. She's handicapped and this happens to be her mobility device. So she's being denied the same (rights) as someone that has a wheelchair."
Pierce City school officials did allow Karen to bring Zeus to Saturday night's Pierce City graduation ceremonies in which Karen's older brother, Denny, was taking part.
"We're trying to do the right thing," Klatt said last week.
At graduation, Zeus walked side-by-side with Karen, who sat with her family in the school's gymnasium bleachers. He rested his head on his paws, remaining quiet and motionless until the ceremony was over.
"If I couldn't bring him, I wasn't going to go," Karen said.
However, last week's exception hasn't carried over to Karen bringing Zeus to school daily.
Earlier this week, Karen took part in a school choir concert. But because Zeus was not permitted to enter the school, Karen left her dog at home rather than leave him in the family's van in the evening heat.
The situation with the school district hasn't been an easy one for Karen's family. Kelley said she cries a lot while Karen's 15-year-old sister, Kellie, is left to serve as a teenage advocate.
Dennis Meinke, who came from Michigan to Pierce City for his son's graduation, met with Kelley and Klatt, attempting to resolve the situation.
As was the case in the past, the family's efforts were unsuccessful.
"I'm not a happy camper," Dennis Meinke said. "I'm ready to take her up north."
Zeus gives confidence
With Zeus, Karen walks with confidence, knowing that her dog won't let her down. In time, a harness will be required for support. For now, Karen walks Zeus with a green leash.
Karen picked the color because it matches Pierce City's school colors. After the difficulty she has experienced dealing with school officials, she plans to buy a blue leash that will match Zeus' service-dog vest.
Karen said it took her about three days to adjust to Zeus. Although she has always been around animals, she wasn't accustomed to a dog that aided her in getting around.
"He helps me more," Karen said while running her fingers through Zeus' fur.
During her training, she learned hand signals that prompt the dog to sit, stand, brace himself and hug.
Like other service dogs, Zeus is trained to know when Karen needs his help - both with her walking and with dealing with the depression associated with her bipolar disease.
"There are not enough words in the English language to even begin to describe how well-trained these dogs are," Kelley said.
Karen recently went shopping by herself for the first time. Before Zeus, she wouldn't leave her mother's side. Once she had assistance, things changed.
"She's confident now, and she knows that no matter what, Zeus is her best friend," Kelley said.
Although Karen has quickly adjusted to having Zeus around, some in the public haven't been so accepting.
On a recent trip to a McDonald's in Monett, Karen was scolded for bringing Zeus into the restaurant.
"No dogs allowed," a restaurant employee told her.
"Do people realize what this does to her?" Kelley said.
Kelley said she'll continue to fight, hoping that her stance will make a difference for Karen, who becomes a freshman at Pierce City High School in the fall.
"I just want (the school) to allow her to enjoy her education as much as she can and allow her to learn as much as she can," Kelley said. "I don't want anything more than for her to be safe."
Girl's new service dog unwelcome at school
5/12/2004
From: The Springfield News-Leader
By: Jeff Arnold
Pierce City - When the bell sounds, Karen Meinke tries her best to navigate the busy halls of Pierce City Middle School to get from class to class within five minutes. It isn't easy. The 14-year-old was born with chronic hip dysplasia, a disorder that has caused her hips to slowly deteriorate over time. She has also been diagnosed with bipolar disorder, requiring her to take medication that often makes walking difficult.
If she moves slowly through the halls, she's occasionally late for class. If she walks too quickly, the joint pain increases, and there's a greater risk she'll fall and further damage her hips.
As her condition has worsened, her family went through the lengthy process of obtaining a service dog to help with her walking. Last month, she got Zeus, an 85-pound golden retriever trained at a service agency in Ohio.
But now, the school district is balking at letting Zeus in the door.
Since Karen and Zeus were placed together, Pierce City school officials have not allowed the service animal to accompany Karen to school.
Karen's family believes the district's decision violates the Americans With Disabilities Act of 1990, which protects people who suffer from disabilities and permits service dogs in public schools. Karen's mother, Cathy Kelley, has contacted the U.S. Department of Education's Office for Civil Rights in Kansas City as well as the U.S. Department of Justice.
Pierce City Superintendent Lois Klatt declined to comment on the specifics of the case, citing privacy rules that she says keep her from discussing an individual student's situation.
"All I can say is that we are following proper procedures and guidelines regarding situations here at the school," she said.
The school's attorney, Ransom Ellis, also declined to comment.
The Department of Education's Office for Civil Rights received Kelley's complaint last month and is considering investigating the matter, spokesman Carlin Hertz said.
The process of determining whether a school district is out of compliance with ADA standards can take up to 180 days.
"We treat every complaint the same," said Hertz, whose department receives nearly 5,000 complaints of unsatisfactory behavior each year.
Kelley said she provided the school with paperwork from Karen's doctors stating that Karen needed aid in walking because of her medical condition.
"I think the dog really helps her - she's a teenager and she's going through an awkward time and if she's falling, that can be embarrassing," said Dr. Cheryl Williams, Karen's family physician. "(The dog) allows her to ambulate more like everybody else."
Williams offered to write a prescription for school officials, stating that Zeus helps stabilize Karen.
For Karen, who suffers from multiple disabilities, a service dog is preferable to other forms of assistance such as a cane or walker, Kelley said.
Neither the paperwork or a doctor's recommendation changed the minds of school officials.
What the law says
Under Title II of the Americans With Disabilities Act, any public entity - which includes schools - is guilty of discrimination if it does not make reasonable accommodations for the needs of the disabled.
The law's provisions include permitting a person to be accommodated by an assistance animal, which is defined as "any guide dog, signal dog or other animal individually trained to work or perform tasks for the benefit of an individual with a disability including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items."
Under the Americans with Disabilities Act, a school would be in violation if it had a blanket policy restricting students from using necessary methods to aid with their disability, said Cecilia Callahan, director of advocacy for Missouri Protection and Advocacy Services, a watchdog group based in Jefferson City.
Klatt said the school does not have a policy prohibiting animals from being brought onto district property.
If no such policy exists, an accommodation plan must be constructed, ensuring that students with disabilities have the same access to a quality education as other students, Callahan said.
Another law that may apply is the Vocational Rehabilitation Act of 1973, which prohibits discrimination by a school district because a student is disabled. According to the federal act, disabled students are defined as those who have a "physical or mental impairment which substantially limits one or more major life activities such as walking, learning, hearing, caring for one's self, performing manual tasks, speaking and breathing."
Michael Jungers, an assistant dean of students at Southwest Missouri State University, oversees the university's office for disability services. He said if a case like Karen's arose at the university level, officials would confer with the physician to determine whether a student was qualified to use a service animal.
If school officials agreed such an animal was needed, it would be permitted to be used in all aspects of university life, Jungers said.
"The law would pretty much apply at the elementary and secondary levels," he said.
Injured on school trip
Since receiving Zeus, Karen has not been allowed to bring her trusted companion to several school functions - including one during which she was injured.
Last month, she traveled to Six Flags in Dallas as part of an honor student trip. While at the park, Karen fell, twisting her leg and tearing ligaments. For the next two weeks, she'll continue to wear a soft cast to protect the injury.
Kelley can't be sure her daughter would not have fallen had she been with her service dog. But she believes her daughter should be allowed to use the dog in all circumstances.
"She is being denied based on her handicap," Karen's mother said. "It's not because she has an animal. She's handicapped and this happens to be her mobility device. So she's being denied the same (rights) as someone that has a wheelchair."
Pierce City school officials did allow Karen to bring Zeus to Saturday night's Pierce City graduation ceremonies in which Karen's older brother, Denny, was taking part.
"We're trying to do the right thing," Klatt said last week.
At graduation, Zeus walked side-by-side with Karen, who sat with her family in the school's gymnasium bleachers. He rested his head on his paws, remaining quiet and motionless until the ceremony was over.
"If I couldn't bring him, I wasn't going to go," Karen said.
However, last week's exception hasn't carried over to Karen bringing Zeus to school daily.
Earlier this week, Karen took part in a school choir concert. But because Zeus was not permitted to enter the school, Karen left her dog at home rather than leave him in the family's van in the evening heat.
The situation with the school district hasn't been an easy one for Karen's family. Kelley said she cries a lot while Karen's 15-year-old sister, Kellie, is left to serve as a teenage advocate.
Dennis Meinke, who came from Michigan to Pierce City for his son's graduation, met with Kelley and Klatt, attempting to resolve the situation.
As was the case in the past, the family's efforts were unsuccessful.
"I'm not a happy camper," Dennis Meinke said. "I'm ready to take her up north."
Zeus gives confidence
With Zeus, Karen walks with confidence, knowing that her dog won't let her down. In time, a harness will be required for support. For now, Karen walks Zeus with a green leash.
Karen picked the color because it matches Pierce City's school colors. After the difficulty she has experienced dealing with school officials, she plans to buy a blue leash that will match Zeus' service-dog vest.
Karen said it took her about three days to adjust to Zeus. Although she has always been around animals, she wasn't accustomed to a dog that aided her in getting around.
"He helps me more," Karen said while running her fingers through Zeus' fur.
During her training, she learned hand signals that prompt the dog to sit, stand, brace himself and hug.
Like other service dogs, Zeus is trained to know when Karen needs his help - both with her walking and with dealing with the depression associated with her bipolar disease.
"There are not enough words in the English language to even begin to describe how well-trained these dogs are," Kelley said.
Karen recently went shopping by herself for the first time. Before Zeus, she wouldn't leave her mother's side. Once she had assistance, things changed.
"She's confident now, and she knows that no matter what, Zeus is her best friend," Kelley said.
Although Karen has quickly adjusted to having Zeus around, some in the public haven't been so accepting.
On a recent trip to a McDonald's in Monett, Karen was scolded for bringing Zeus into the restaurant.
"No dogs allowed," a restaurant employee told her.
"Do people realize what this does to her?" Kelley said.
Kelley said she'll continue to fight, hoping that her stance will make a difference for Karen, who becomes a freshman at Pierce City High School in the fall.
"I just want (the school) to allow her to enjoy her education as much as she can and allow her to learn as much as she can," Kelley said. "I don't want anything more than for her to be safe."
posted by LadyDeerskin And Her Service Dog | Friday, February 24, 2006
