Deaf student's dog turned away from school

Discussion in 'American with Disabilities Act' started by kurtcs, Jan 5, 2007.

  1. kurtcs

    kurtcs New Member

    Joined:
    Dec 8, 2005
    Messages:
    322
    Likes Received:
    0
    Location:
    United States
    Deaf student's dog turned away from school


    [​IMG]

    John Cave Jr. walks his dog Simba back to his family's car after being turned away from entering the school with his dog. He is a deaf student and wants to attend school with his assistance dog Simba, but was turned away by East Meadow School officials.

    Source: Deaf student's dog turned away from school - Newsday.com
     
  2. Hear Again

    Hear Again New Member

    Joined:
    Jan 21, 2005
    Messages:
    20,114
    Likes Received:
    1
    Location:
    Wisconsin
    L.I. School Tells Its Side of Deaf Boy Dog Controversy

    AP, January 10, 2007
    ---

    L.I. School Tells Its Side of Deaf Boy Dog Controversy


    EAST MEADOW, N.Y. (AP) -- It has taken a week, but the East Meadow
    School District is now telling its side of the controversy involving a deaf
    boy who wants to bring a service dog to class. East Meadow has prevented
    14-year-old John Cave from bringing his dog - Simba - to the W. Tresper
    Clarke High School. The family has the state's Human Rights Commission
    looking into the case.

    East Meadow Superintendent Robert Dillon says the boy's parents have
    "repeatedly rejected'' efforts to discuss the boy's wish to bring his
    service dog to school.

    In a statement released late Tuesday, Dillon says the district has a
    policy barring animals for safety and health reasons. He adds district
    officials determined the student does not need the service dog to access the
    district's programs.

    Dillon says having a dog in school poses problems for those who may be
    allergic. He adds having an animal in a crowded hallway could be dangerous.
    And the presence of the dog disrupts the school's routine.

    The boy's mother, Nancy Cave, says state and federal laws say that the
    school district has no jurisdiction to say when a disabled person needs a
    service dog.

    She says she has refused to meet with the district's committee on
    special education because they have no say about the dog. But she will
    discuss the animal and how it helps her son with the Superintendent, alone.
     
  3. pek1

    pek1 New Member

    Joined:
    Oct 2, 2005
    Messages:
    3,991
    Likes Received:
    0
    Location:
    When I survey the wondrous Cross . . .
    I smell an ADA violation. Sue them, John!!
     
  4. Dark-Half

    Dark-Half New Member

    Joined:
    Oct 1, 2006
    Messages:
    846
    Likes Received:
    0
    Location:
    Idaho.
    I actually agree with them. Instead of a dog he should have an interpreter. They present good points to the argument as well. There's no reason why he would need a dog at school. Maybe I'm not familar with how service dogs function to help deaf people, but I fail to see how bringing a dog to school will help him.

    Would someone mind telling me how taking a dog to school -will- help someone in place where an interpreter can't?
     
  5. Nesmuth

    Nesmuth New Member

    Joined:
    Jun 4, 2004
    Messages:
    3,196
    Likes Received:
    1
    Location:
    The Southland of California
    I know this borders on overkill on access. But the boy needs to bond with the dog and has to have it with him all the time for the first 2 months.

    He could have waited tiill summer vacation to get the dog. This is a big test for the school. Again I'm on John's Side of this whole thing because I find the school's responses to be very textbook.

    A good example of overkill would be me having an interpreter, hearing dog, notetaker, laptop CART, and a steel hat with a pair of wings on it.

    But I'd keep the steel hat with wings on it.

    Richard
     
  6. Victorias mom

    Victorias mom New Member

    Joined:
    Apr 14, 2006
    Messages:
    206
    Likes Received:
    0
    I just noticed this thread. I am not 100% familiar with the case, but I live in the area and have heard many things from therapists, etc. From what I know, he has a full time interpretor at school, and also has bilateral implants. Now I could be wrong on these facts, but I am pretty sure this is the case. I also heard from friends who saw an interview with him that he speaks well. They had no problem understanding him, which makes me think he must hear pretty well. I am not minimizing his need for this dog, but I am not sure why he needs the dog at school. If he truly has an interpreter, then I would think that is enough. And again, he has a CI, actually 2. I think the family is concerned he will not hear fire alarms, etc.

    I also want to add that this school is one of the best schools to attend if you have a disability. They have an excellent reputation for giving students whatever they need. I have proof of this from therapists that deal with my daughter. I hate to say it, but I agree with the school district on this one. If it were any other school district, I would say they are being unfair. Knowing this school district has been extrememly helpful in the past, makes me think twice about this request. I hope they come to an understanding soon.

    Also, the East Meadow school district has many many deaf students. I think they have the 2nd largest deaf population on all of Long Island.
     
  7. jazzy

    jazzy New Member

    Joined:
    Jun 21, 2004
    Messages:
    4,206
    Likes Received:
    0
    Location:
    High desert in Calif
    Interest, wonder why he needs it so badly since if he can hear well with CI. I need dog to let me know about the sound but he already has CI, he does not need dog to alert him the sound?It does not make any sense to me.
     
  8. Victorias mom

    Victorias mom New Member

    Joined:
    Apr 14, 2006
    Messages:
    206
    Likes Received:
    0
    I'll try and find out more information for you. I am looking online for an update to this story. I think I also heard he just got the dog recently, but he requested it about 9 months ago. I guess it takes a long time for this to get approved.

    I think it's great that they can teach dogs to help people. If he truly needs the dog, hopefully more reasons will come out. I'm glad your dog is able to help you with these types of sounds.
     
  9. Victorias mom

    Victorias mom New Member

    Joined:
    Apr 14, 2006
    Messages:
    206
    Likes Received:
    0
    This is all I found. It does state he has implants and another article I saw confirmed that he has an interpreter also. I feel bad for the student. I am not deaf, and my daughter does not have an implant yet... but I would think that with an implant he could at least hear the fire alarm. It will be interesting to see what happens with this. I also feel for the school because this is really making them look bad. It's a tough decision, I'm curious to see what the final decision is.


    (01/10/07) WESTBURY - The East Meadow School District has broken its silence in the fight for a hearing-impaired student to have a service dog in class.
    In a statement, Superintendent Robert Dillon says the district has determined that John Cave, a freshman at W. Tresper Clarke High School, already has equal access to all programs and services in the district. Dillon says because of that, the dog is not needed. He also contends the safety and efficiency of the district's programs for all of its students must be considered. Dillon says a dog participating daily in school activities could pose problems such as allergy conditions, crowd flow in the hallways and stairwells, and a significant distraction to others.

    Nancy Cave, John's mother, claims it's not within the school district's jurisdiction to make the decision. She says she may have no other choice but to sue the school district. She has adamantly maintained that both federal and state law allow her son to have the service dog in the classroom. John Cave has been deaf since he was 10 months old. He does have cochlear implants, but says he needs the service dog to keep him safe and to alert him if there was a fire alarm.

    The school district also said it has attempted on numerous occasions to speak with the Caves about the service dog, but the efforts were rejected.
     
  10. RedheadGrrl

    RedheadGrrl New Member Premium Member

    Joined:
    Mar 5, 2004
    Messages:
    4,824
    Likes Received:
    1

    Thats right Victorias Mom. Clark HS in Westbury was the largest one too. I have alot of friends graduated Clark.



    If the boy wants to bring his hearing dog to the school. Thats fine. Doesnt matter if he can talk, can hear with hearing aids or CI, have an interpreters in school BUT what if he is in bathroom or in lunch room, theres fire alarm or shooting in school. The dog can alert the boy. Well thats my opinion.
     
  11. Victorias mom

    Victorias mom New Member

    Joined:
    Apr 14, 2006
    Messages:
    206
    Likes Received:
    0

    You have a valid point. I am glad I am not involved in this decision!!!
     
  12. Hear Again

    Hear Again New Member

    Joined:
    Jan 21, 2005
    Messages:
    20,114
    Likes Received:
    1
    Location:
    Wisconsin
    Here's the latest update to this story...

    Herald Community

    Deaf boy denied hearing dog




    By Hector Flores January 11, 2007



    Email to a friend Voice your opinion

    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.
    Advertisement


    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
     
  13. VamPyroX

    VamPyroX bloody phreak from hell

    Joined:
    Feb 27, 2003
    Messages:
    34,377
    Likes Received:
    7
    Location:
    40.18, 58.41
    Ditto.

    People need to learn to not depend on dogs all the time. Sure, a dog could help... but they can become a dependency and without the dog, they go nuts.

    I've seen some deafies who lost their dogs for reasons such as death or becoming non-certified. After they lost their dogs, they became depressed or isolated because their life revolved around their dogs.

    I know one woman who spoiled her dog so bad that her dog no longer fully provided the service it was required to give. Her dog would provide the service, but often delayed its responses and was very playful with other people. It got to the point where the dog didn't pay much attention to her needs. Yet, she brings her dog everywhere she goes... like at the mall. She's always saying, "I have my rights" and waves her 'Hearing Dog' badge all the time.

    I knew another gal who had a hearing dog that died a couple years later due to health complications. During her time without her dog, she was overly paranoid because her dog wasn't there to assist her. Instead of taking the time to be more alert, she focused on her own dog and depended on her dog to do the alerting part instead.
     
  14. Eve

    Eve New Member

    Joined:
    Oct 16, 2003
    Messages:
    1,512
    Likes Received:
    0
    Location:
    Paradise
    I think allergies of other students should be a major concern. You can't cater to one child in a school full of children, especially when there are other alternatives available for that one child.
     
  15. Reba

    Reba Retired Terp Premium Member

    Joined:
    Jun 8, 2004
    Messages:
    54,199
    Likes Received:
    1,193
    Location:
    South Carolina
    Speaking as an interpreter who has worked in educational settings, I just LOVE how people equate the services of a dog and a terp. :roll:
     
  16. Victorias mom

    Victorias mom New Member

    Joined:
    Apr 14, 2006
    Messages:
    206
    Likes Received:
    0

    You (an interpreter) would be much more valuable than a dog could ever be. That is my opinion. I haven't heard any local updates on this yet. If I do, I will let you all know.
     
  17. Eve

    Eve New Member

    Joined:
    Oct 16, 2003
    Messages:
    1,512
    Likes Received:
    0
    Location:
    Paradise
    Dear Reba, you know you could never be replaced by a mutt!
     
  18. Reba

    Reba Retired Terp Premium Member

    Joined:
    Jun 8, 2004
    Messages:
    54,199
    Likes Received:
    1,193
    Location:
    South Carolina
    :ty: Perhaps a pedigreed pooch, though? Ha, ha!
     
  19. Reba

    Reba Retired Terp Premium Member

    Joined:
    Jun 8, 2004
    Messages:
    54,199
    Likes Received:
    1,193
    Location:
    South Carolina
    :ty:
     
  20. Animal_Lover

    Animal_Lover Guest

    wow...
    i know some ppl did bring dogs to school..
    but this..
    *sigh*
     

Share This Page

Looking to buy hearing aids online? Check out Hearex.com