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School doesn't allow service dog to accompany hearing-impaired teen
7 Jan 2007 21:13:43 -0800
misc.kids
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Cathy Weeks...
Banty...
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Well, now I have my head exploding over the juxtaposition on one short page of:
"A person with a disability cannot be asked to remove his service animal from
the premises unless: (1) the animal is out of control and the animal's owner
does not take effective action to control it (for example, a dog that barks
repeatedly during a movie) or (2) the animal poses a direct threat to the health
or safety of others."
and:
"Allergies and fear of animals are generally not valid reasons for denying
access or refusing service to people with service animals."
As a ten year old, I experienced anaphylactic shock. These two bulleted items
do NOT go together on the same page unless there are some heavy duty blinders on
some legislator's eyes.
bizby40...
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I think the key word is "generally". Most allergies are not so
severe, and people who do have allergies that severe will hopefully be
prepared for encountering allergens in public places. However, in a
place like a school, if you have a child who needs a dog, and a child
who needs to be kept away from dogs, then you have competing
disabilities, and something special would need to be worked out.
Banty...
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Which is yet another reason to have a process for this, and to be prepared not
to honor every request for an animal to come in.
I don't know which dogs I react to until I come into contact with them.
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I'm really puzzled by this one. I've read several stories, and watched
an interview, and the mother at least, strikes me as being a bit
mother-bearish (and somewhat annoying). However, I can't figure out the
educators. I don't understand why they would ban the dog, unless it's
because they don't like the family for not necessarily going through
proper channels (at least that's what the school claims). But that
seems like a poor reason for a decision.
Cathy Weeks...
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That's been my feeling too - I just can't figue out *why* the school
would ban the dog, so I must assume there's more going on than has been
made public.
Cathy Weeks
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The dog isn't strictly necessary as an educational tool. He has some
hearing with the aid of cochlear implants, has an ASL interpeter in
Cathy Weeks...
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Er, the *boy* has some hearing, with the aid of the cochlear implants.
;-)
Sorry for the misplaced modifier.
Cathy Weeks
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bizby40...
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According the the Americans with Disabilities Act website, allergies
and fear of dogs are generally *not* considered safety hazards
sufficient to allow service animals to be banned.
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school, plus uses an FM system where the teacher's words are
bizby40...
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Yes, and all sides seem to agree that the dog is not necessary for him
in school.
I'm rather disappointed in the family though. Apparently the mom got
in a shouting match with school officials the first day and ended up
cussing them out, and taking her son back home when the dog wasn't
allowed. The next day, knowing what had happened the first, she sent
him back to school, but did not accompany him. When he wasn't allowed
in, she eventually came and got the dog and took it home, but now
she's claiming that the school committed child abuse by leaving the
boy outside in the cold for 1/2 hour.
I was undecided at first, but now I'm leaning towards being on the
school's side.
Cathy Weeks...
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That's the thing though - even if the mother is obnoxious, and I think
we all agree that she is - I'm not sure that's a good enough reason to
ban the dog, or even to favor the school. Her behavior aside - did
they do the right thing in banning the dog? Did they break federal
law? I agree with you about it not being clear - when I went to the
ADA website, it said all public buildings, and then gave a bunch as
example, and schools were not included in that list.
Cathy Weeks
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transmitted into speakers that sit on his desk. However, the dog is,
as the mother calls it, an "independent living tool." He alerts the
boy to sounds - alarms, cars, trains, etc.
Now that said - he's not likely to be hit by a car or train in school.
And he's not terribly likely to be alone when a fire alarm goes off.
For purposes of school, the dog's most important role is to provide a
more normal "access" to school - making it safer for the kid to get to
and from school alone.
1. What harm will be done by having the dog present?
I would guess that there'd be a few days of distractible students who
are fawning over the dog, but they'd get over it pretty quickly. And
besides, service dogs are a part of life - and school is a fine place
to expose them to the situation, and train *them* how to handle it.
Banty...
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Well, there's service dogs and there are service dogs. Seeing eye dogs are
fairly essential to just get around. That's a commonly recognized exception to
a no-dogs rule.
But the given reason here is to foster *bonding*. As if dogs and boys who go to
school don't bond. I don't know if I'd go in for that either as a school
administrator.
They are training dogs as companion and sevice dogs for all kinds of
disabilities now. It's a fair question what's really needed in a place like a
school, which is different from what's needed on the street. And this boy has
other supports, including an interpretor.
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Animal hair allergies? How common are dog hair/dander allergies? Are
they as problematic as cat allergies? And service animals are
protected at other venues - restaurants, theaters, public transit etc,
so I'm not sure if the allergy issue is valid given that?
Banty...
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It's *extremely* common. I have problems around some dogs.
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2. Aren't service dogs protected? Isn't the school violating federal
law by banning the dog, despite the dog not being "strictly necessary"
to his education? If a blind kid had an assigned (human) guide who
took him or her from class to class, would the school be allowed to ban
the dog then?
Banty...
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My bet would be - the seeing eye dog would be regarded as more essential and
allowed.
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3. The mother says the boy needs to be with his dog 24x7 in order for
proper bonding and training to occur - I don't know anything about
service animals - is this a valid concern?
Banty...
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I find that far-fetched.
Knit Chic...
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I don't know ... 24/7 rings true to me. My aunt has had 4 service dogs. W/
each dog she has had to spend 24/7 w/ them for the first year. The dog is
considered part of her body. In the same way that you can't cut off part of
your body if someone finds it offensive, a person w/ a service dog shouldn't
be separated from their dog.
I can't see how the school has a leg to stand on. From what I see the school
would like to get the kid out of the school system to avoid paying
peripheral educational costs for a child w/ a disability. Children w/
disabilities are often bullied out of school systems so the school can avoid
the extra expenses. I have BTDT.
Caledonia...
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I'm not sure how you've jumped from the school not wanting to pay for
educational costs from the concept that the school wants the parent(s)
to go through standard channels, and would support them if they did
that. We've had service dogs at our elementary, but in the 2 cases
Cathy Weeks...
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I think the idea was that really, they don't want the kid there, and
that the proper channel thing was just a smoke screen they provided in
the hopes they'd just withdraw their kid from the school.
Barbara...
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I haven't seen anything that would suggest that to me (although I do
think there's a possibility that they want to revise his IEP),
Every child is entitled to a free and appropriate education. If it
cannot be provided by the public schools, then the school district has
to pay for a placement in a private school. School districts really
don't like that option, because its expensive. So getting this kid to
leave the school is probably not a goal.
Moreover, even if the school district could win that fight (that the
public school was appropriate, so it wouldn't have to pay for a private
school), in NY, you still get services in private school. So they
would still have the expense of an aid unless it was no longer
necessary.
Cathy Weeks...
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Thanks for the info, Barbara!
Cathy Weeks
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Cathy Weeks
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(heck, it's a very very small school) an *adult * was the handler for
at least 2 months, and there was a whole big deal regarding who had to
take the dog out for dog breaks and whatnot, and the appropriate
signage. (And where to put the whanot...)
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btw, we will be getting our first service dog in the spring. Even though I
have a child w/ a disability, this dog will not be for her. We will keep the
pup for a year to 18 months and then return the dog for service training for
a person w/ a disability.
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I'd appreciate other's thoughts on the matter - particularly why the
school might choose to make the decision that it did.
Cathy Weeks
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