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Herald Community
Deaf boy denied hearing dog
By Hector Flores January 11, 2007
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Every day since Jan. 2, John Cave Jr., 14, a partially deaf student from Salisbury, has tried in vain to enter Clarke High School with his new hearing dog, Simba.
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Each day, school administrators have prevented Cave from entering the school, saying that allowing a dog inside does not conform with school policy.
Cave¹s parents, John Sr. and Nancy, insist that their son¹s use of the dog is guaranteed by both federal and state law, and that the district has no jurisdiction in the matter. This issue has now attracted that attention of the New York State Division of Human Rights, which is initiating an investigation.
In a statement, state officials said that the Division of Human Rights exists to enforce the state's human rights law, with jurisdiction in the areas of employment, housing and education. ³Section 296.14 of the Human Rights Law specifically provides that it is an unlawful discriminatory practice Œ...for any person engaged in any activity covered by this section to discriminate against ... a person with a disability on the basis of his or her use of a guide dog, hearing dog or service dog.¹ The agency has the authority to pursue and prosecute potential violations of the Human Rights Law on its own initiative.²
State officials added that this would be the first investigation initiated by the division in over a decade.
The district¹s side
Leon Campo, deputy superintendent of the East Meadow School District, which oversees the administration at Clarke High, said that he is not surprised by the state¹s interest in the case. ³Naturally there would be an interest to this case, and we are limited to what we can say because of the laws,² he said. ³I¹m sure that the investigation will be soon, but I have no idea when.²
Campo added that the district has yet to receive an official notification from the state of an investigation, and he said that the district has a program in place designed to meet the needs of children who have special needs. ³The only thing I can say is that we have a good program that is designed to meet special-needs children, and I¹m proud of our track record,² he said.
Campo explained that the district is obliged to meet the needs of close to 8,000 children who attend its schools. Of that number, 8 percent have special needs. ³We have a process in place designed to meet the needs of children with special needs,² he said. ³This process is coordinated by the director of special education.²
During this process, a parent meets with the district to develop an educational program designed to meet a child¹s specific needs. What results is an individualized educational plan that is geared for that child and cannot be overruled by any administrator, including the superintendent of schools.
Campo added that the process can be revisited by the parents and district officials at any time, and is usually updated annually. In the Cave case, however, Campo said that Cave¹s parents have yet to take advantage of the process. "The child is doing wonderful," Campo said. "He has a full-time interpreter in the classroom to help, which came out of the program. If they have other needs, they need to meet with us."
Simba¹s role
Nancy Cave disagrees with Campo, and insists that the district has no choice but to allow her son to enter the school with his dog. "We don¹t have to justify it," she said. "They are a working team and protected by law. No one needs to ask why."
Nancy confirmed that her son has a translator that meets him in class and translates oral language to sign language. Her son does not have an aide, and the dog is not required as an educational tool, but Simba serves as an ³independent life tool,² alerting John to potential danger, such as smoke and fire alarms.
³As parents, it is our job to prepare our children to be independent adults," Nancy said. "In order for John to be prepared, he needs to have the assistance dog. If he was 25, he would be allowed to work with the dog at his place of employment.²
Nancy added that John and Simba are supposed to work as a team, and need to be together 24 hours a day, seven days a week. ³The partnership between my son and his dog is guaranteed without exception by federal and state law,² she said. ³The school board and the administration have no jurisdiction. It¹s outside their power. By not allowing Simba into school, the district is in flagrant violation of the Americans With Disabilities Act and New York civil rights law. [The district] is also in flagrant violation of human rights.²
For the time being, Nancy has no intention to file a suit against the district, but she said she will do so if the district does not comply. ³The New York State Division of Human Rights will serve the district, and the district has 15 days to respond or take corrective action," she said.
A case against the district?
The Cave case has been closely monitored by Cara Keenan-Thomson, executive director of the New York Civil Liberties Union¹s Nassau County chapter, and New York State Assemblyman Rob Walker, a Republican from Hicksville, who represents parts of Salisbury. Both believe the Caves have a solid case against the district.
Keenan-Thomson said the district is in clear violation of the law. ³The state¹s Division of Human Rights is rightfully pursuing the case,² she said.
Walker added, ³At the end, we want all our children to have a sound education, but we have to follow the law.²
Residents speak out
Community reaction was mixed in both East Meadow and Salisbury, the communities served by the East Meadow School District. Some residents were appalled by the district¹s stance, while others believe that the Caves are acting selfishly. Some say that they are simply fighting for the rights of their child.
Bob Zafonte, a resident of East Meadow and the president of the East Meadow Civic Association, said, ³The school district officials are not exercising good judgment in dealing with this incident. There is no question that the child needs the service dog to help him throughout his school activities and to alert him to any type of danger that the child may encounter ‹ including a fire alarm and any other serious situation. I cannot see why the school district is taking such a negative position in such a sensitive matter.²
Bill Alderman, who lives in East Meadow and whose son has special needs, said he sympathizes with the Caves, but added that in this case the family is being a little selfish. ³They requested the service dog to make the child¹s life more independent, but a dog in the school is a big distraction, and the problem is that some children are allergic to dogs. The benefit of one child should not outweigh the risks and needs of other children. My son has an auditory delay, and he is accommodated as much as he can and we have to fight for him. But in this case they are being selfish.²
Michelle Soodek, a 15-year resident of East Meadow whose daughter is autistic, said that the Caves have every right to fight for their child. ³When you have a child with special needs, you go through an annual review with the district to develop an individualized education plan for your child,² she said. ³During the meetings we discuss the progress of the child and recommendations for the following school year and ... if summer programs are recommended. From my own experience, I¹m usually not met with obstacles, but every child is different, and all their needs are different, and a parent needs to be that child¹s advocate, and that is the most important need.²