For 2nd time, school bars deaf teen's dog - Newsday.com
For 2nd time, school bars deaf teen's dog
BY CARL MACGOWANNewsday Staff WriterJanuary 5, 2007For the second day in a row, officials at W. Tresper Clarke High School prevented a 14-year-old deaf student from bringing his assistance dog to class."I feel like they aren't being fair," ninth-grader John Cave of Westbury said yesterday of East Meadow School District officials, who don't believe he needs the dog to attend class. "They act like they're against me because of my dog."John's parents, Nancy and John Sr., have battled district officials for more than a year over the right of their son to bring a service dog to school.The Caves believe John and Simba must bond around the clock so that the dog can work most effectively as an assistance dog, trained to alert a deaf child to potential danger, such as fire or smoke alarms and cars.John has limited hearing with the aid of cochlear implants.While the Caves believe Simba and John must be together constantly in order to bond, school officials say the family needs approval from the district's committee on special education.The federal Americans with Disabilities Act says schools and other public facilities must make "reasonable accommodations" for disabled people, said Thomas Dern, associate executive director of YAI/National Institute for People With Disabilities. While the Caves face an uphill battle arguing that John and Simba cannot be separated, the district may be opening itself to a federal discrimination lawsuit, Dern said."It's astounding to me that a school district would take this position," he said. "To me, it doesn't sound like the student is asking for an unreasonable accommodation. ... It's not unusual to have guide dogs on buses and trains and other public accommodations."Superintendent Robert Dillon did not return a call seeking comment.The district and John's parents should follow due process to resolve the dispute, said Tom Dunn, a spokesman for the state Education Department. "This is a complex situation without an overnight solution," he said.The war of nerves between the district and the Caves continued yesterday with a display of civil disobedience. One day after school officials called police when John and his mother brought Simba to the school, the boy returned with the dog, along with his twin sister, Jessica, and two friends.As John's parents stood across the street, about 100 yards from the school, Principal Timothy Voels and Assistant Principal J. Darryl Strabuk held the door open for other students but closed it when John and Simba tried to enter at 7 a.m. Voels told reporters to leave the premises.At about 7:30 a.m., John, Jessica and Simba walked away from the school after being told the dog was not allowed in school. Nancy Cave said Voels and Strabuk jeopardized her son's health."They made him wait in the cold for half an hour," she said, "which in my mind is child abuse."She and her husband took Simba home while John returned to school. "He's already missed two days," Nancy Cave said. "He can't miss school."John and Jessica walked into the building without incident. Voels glanced at them over his right shoulder as they passed. Through it all, Simba was well-behaved, John said."He looked up as people walked by, but he stayed," he said. "He's a good boy."Laws on service animalsFederal and state laws governing use of service animals:New York StateCivil Rights Law, Article 4-B"No person shall be denied admittance to and/or the equal use of and enjoyment of any public facility solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog."FederalAmericans with Disabilities Act, Sec. 36.302 (c)"Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability."
Copyright 2007 Newsday Inc.
For 2nd time, school bars deaf teen's dog
BY CARL MACGOWANNewsday Staff WriterJanuary 5, 2007For the second day in a row, officials at W. Tresper Clarke High School prevented a 14-year-old deaf student from bringing his assistance dog to class."I feel like they aren't being fair," ninth-grader John Cave of Westbury said yesterday of East Meadow School District officials, who don't believe he needs the dog to attend class. "They act like they're against me because of my dog."John's parents, Nancy and John Sr., have battled district officials for more than a year over the right of their son to bring a service dog to school.The Caves believe John and Simba must bond around the clock so that the dog can work most effectively as an assistance dog, trained to alert a deaf child to potential danger, such as fire or smoke alarms and cars.John has limited hearing with the aid of cochlear implants.While the Caves believe Simba and John must be together constantly in order to bond, school officials say the family needs approval from the district's committee on special education.The federal Americans with Disabilities Act says schools and other public facilities must make "reasonable accommodations" for disabled people, said Thomas Dern, associate executive director of YAI/National Institute for People With Disabilities. While the Caves face an uphill battle arguing that John and Simba cannot be separated, the district may be opening itself to a federal discrimination lawsuit, Dern said."It's astounding to me that a school district would take this position," he said. "To me, it doesn't sound like the student is asking for an unreasonable accommodation. ... It's not unusual to have guide dogs on buses and trains and other public accommodations."Superintendent Robert Dillon did not return a call seeking comment.The district and John's parents should follow due process to resolve the dispute, said Tom Dunn, a spokesman for the state Education Department. "This is a complex situation without an overnight solution," he said.The war of nerves between the district and the Caves continued yesterday with a display of civil disobedience. One day after school officials called police when John and his mother brought Simba to the school, the boy returned with the dog, along with his twin sister, Jessica, and two friends.As John's parents stood across the street, about 100 yards from the school, Principal Timothy Voels and Assistant Principal J. Darryl Strabuk held the door open for other students but closed it when John and Simba tried to enter at 7 a.m. Voels told reporters to leave the premises.At about 7:30 a.m., John, Jessica and Simba walked away from the school after being told the dog was not allowed in school. Nancy Cave said Voels and Strabuk jeopardized her son's health."They made him wait in the cold for half an hour," she said, "which in my mind is child abuse."She and her husband took Simba home while John returned to school. "He's already missed two days," Nancy Cave said. "He can't miss school."John and Jessica walked into the building without incident. Voels glanced at them over his right shoulder as they passed. Through it all, Simba was well-behaved, John said."He looked up as people walked by, but he stayed," he said. "He's a good boy."Laws on service animalsFederal and state laws governing use of service animals:New York StateCivil Rights Law, Article 4-B"No person shall be denied admittance to and/or the equal use of and enjoyment of any public facility solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog."FederalAmericans with Disabilities Act, Sec. 36.302 (c)"Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability."
Copyright 2007 Newsday Inc.
posted by LadyDeerskin And Her Service Dog | Friday, January 05, 2007
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