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.
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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, January 05, 2007

Deaf student's dog turned away from school - Newsday.com


Cops called when deaf student brings dog to school
BY CARL MACGOWANNewsday Staff WriterJanuary 3, 2007, 11:16 PM ESTA deaf Westbury boy's attempt to bring his assistance dog to school Wednesday resulted in an exchange of harsh words when police were called, the boy's mother said.No arrests were made, but Nancy Cave said her son, John, was shaken by the incident. Still, she is planning to have her son and the dog attend school together today -- with or without permission from East Meadow School District officials."This is emotionally traumatic for him. He doesn't want to go to school," Cave said of her 14-year-old son, who picked up the dog last week from a Massachusetts training center. "All I wanted to do was give my son one more step toward independence."The Caves are locked in a long-running battle with East Meadow officials over whether John can bring the dog, Simba, to W. Tresper Clarke High School, where John attends ninth grade. School officials previously had told the family that John doesn't need the dog to attend classes. 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.The Caves should obtain permission from the district's committee on special education before bringing the dog to school, East Meadow Superintendent Robert Dillon said Wednesday."There is a process, and there are protocols and we just wish that they would be followed," he said.Nancy Cave and her son wanted to acclimate Simba to the school Wednesday morning before classes started. When they entered the building, Cave said, officials asked her to leave and called Nassau County police."We were sort of verbally accosted by the principal and the assistant principal," she said. She admitted using vulgar language while talking to Principal Timothy Voels."I felt harassed, I felt intimidated, I felt they were stalking me," she said. "Even though I said two bad things, I felt threatened."Dillon declined comment on the incident. A police spokesman confirmed the incident but added, "It's not a police matter."At her request, Nancy Cave said, police researched laws governing assistance dogs, and then she took John and Simba home. State law says public facilities cannot bar disabled people with service dogs, while federal law requires facilities to change policies banning service animals.Simba obeyed orders from John during the visit, Nancy Cave said."He behaved himself impeccably," she said, "which is more than can be said for the adults, including myself, I might add."The Caves received support from students and some teachers, Nancy Cave said. She said she did not tell officials that she planned to return today with Simba.
Copyright 2007 Newsday Inc.

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.