The Service Dog Banned From School

A record of the problems involved in convincing our local public school to permit our son to attend,accompanied by his service dog. Also included are links to sites on this subject,and information we found along the way,that might be helpful to parents encountering this situation.
A BlogsforTerri
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Location: 'middle of nowhere'!, Kansas, United States

Traditional Catholic, married for 18 years. Interested in almost everything I come across,but I work with dogs most. i train my own service dogs,and own a Yahoo group for those disabled who also do the training of their own service dogs: DePorres Service Dogs http://groups.yahoo.com/group/DePorresServiceDogs I also firmly support pro life interests, especially the anti-euthanasia movement.

Friday, March 10, 2006

Denial of Access Form~

This is an OUTSTANDING bit of legal ammo that was just posted in my group,and I have to pass it along here. This would be excellent to hand to recalcitrant schools, as well as other places that are trying to bar access with your service dog.
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Date: 03/10/06 22:38:06
To: DePorres SD List
Subject: [DePorresServiceDog Trainers Guild © Denial of Access Form
This is pretty neat. I got it off another list (with permission). Someone there wrote it and uses it when he/she encounters an access challenge. It apparently ends many challenges quickly! I edited some of the wording a smidge, but if I were to use it I would rewrite it a bit more.Below is a form that was developed by a community member. They carry it with them and use it when they are challenged when entering a business or public area with their service dog. This along with a copy of the ADA and state laws has ending many a challenge quickly. You can cut and paste this in your word processor and print some copies to carry with you.BE SURE TO FILL IN YOUR PERSONAL INFORMATION AND YOUR STATE LAW INFORMATION BEFORE PRINTING....Have the person sign the form so that you can use it to notify corporate or to further educate the person or business about the ADA
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AFFIRMATION OF DENIAL OF ACCESS

Having been advised that [your name here] is an Individual With Disabilities and that the dog, [your dog's name here], accompanying [him/her] is a Service Animal individually trained to assist [him/her] with [his/her] disabilities, as defined in, and within the meaning of, the American With Disabilities Act of 1990,(“ADA”), as codified at 42 U.S.C. 12101 et seq. and
(1) the federal regulations implementing it found at 28 C.F.R. 36.104 and 36.302©(1) and Section III-4.2300 of the ADA Title III Technical Assistance Manual, (“Title III-TAM”), as adopted by the United States Department of Justice, or(2) the federal regulations implementing it found at 49 C.F.R. 37.3 and 37.167(d) as adopted by the United States Department of Justice,and having been further advised that denial of access to a place of public accommodation by said Individual With Disabilities because [he/she] is accompanied by [his/her] Service Animal
(1) is a violation of the ADA as set forth in (A) 28 C.F.R. 36.302(c) and Section III-4.2300 of Title III-TAM, or (B) 49 C.F.R. 37.167(d), and(2) is a violation of applicable and pertinent CA and/or local civil and/or criminal law, CA Codes Civil Code Section 54-55.1CA Codes Health and Safety Code Section 114345-114351CA Codes Health and Safety Code Section 113990-114070
I/we, (printed name and title)____________________________________,
as a representative of (name of establishment) ______________________________, located at (street address, city and state)
____________________________________________________________________,
a place of public accommodation, at about (time)_______ __.M. on (MMDDYYYY)
______________, have refused access to the above-named Individual With Disabilities because [he/she] accompanied by [his/her] Service Animal.
Comments:
Signature of Person Responsible for Access Refusal:
______________________________