Schools Fight Families Over Autism Service Dogs

http://www.servicedogcentral.org/content/changes

"On July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including a revised definition of “service animal.” This final rule was published in the Federal Register September 15, 2010, and the effective date is six months after that publication.

Effective March 15, 2011, “Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other
tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds,
providing non-violent protection or rescue work, pulling a
wheelchair, assisting an individual during a seizure, alerting individuals to the
presence of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability to
individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities
by preventing or interrupting impulsive or destructive behaviors.
The crime deterrent effects of an
animal´s presence and the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.”
Key changes include the following:
1. Only dogs will be recognized as service animals.
2. Service animals are required to be leashed or harnessed except when
performing work or tasks where such tethering would interfere with the dog's
ability to perform.
3. Service animals are exempt from breed bans as well as size and weight
limitations.
4. Though not considered service animals, businesses are generally required to
accommodate the use of miniature horses under specific conditions.
Until the effective date, existing service animals of all species will continue to
be covered under the ADA regulations.
Existing policies that were clarified or formalized include the following:
1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or
companionship” are not considered service dogs under the ADA.
2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
3. “The crime deterrent effects of an animal's presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”

These previously existing policies are already in effect.
For further reading, consult:
Final Rule for Title II: Department of Justice, 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services
Title II Fact Sheet: Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
Text of Revised Title II Regulation: Text of the Revised Title II Regulation
Final Rule for Title III Department of Justice, 28 CFR Part 36, Nondiscrimination on the Basis of Disability by Public Accommodati
Title III Fact Sheet Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice´s Regulation Implementing Title III of the ADA
Text of Revised Title III Regulation: Text of the Revised Title III Regulation
 
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These are companion dogs used to address behavioral and neurological issues found with autism. The goal is to teach bonding using an animal and then transfer those skills to interaction with other people.

Quite different that the goal and purpose of a service dog. As beneficial, in different circumstances and application, yes. The same, no.

Ok. Well the law disagrees with you.
 
On July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including a revised definition of “service animal.” This final rule was published in the Federal Register September 15, 2010, and the effective date is six months after that publication.

Effective March 15, 2011, “Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler´s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a
wheelchair, assisting an individual during a seizure, alerting individuals to the
presence of allergens, retrieving items such as medicine or the telephone,
providing physical support and assistance with balance and stability to
individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal´s presence and the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.”

Key changes include the following:
1. Only dogs will be recognized as service animals.
2. Service animals are required to be leashed or harnessed except when
performing work or tasks where such tethering would interfere with the dog's
ability to perform.
3. Service animals are exempt from breed bans as well as size and weight
limitations.
4. Though not considered service animals, businesses are generally required to
accommodate the use of miniature horses under specific conditions.
Until the effective date, existing service animals of all species will continue to
be covered under the ADA regulations.
Existing policies that were clarified or formalized include the following:
1. Dogs whose sole function is “the provision of emotional support, well-being, comfort, or companionship” are not considered service dogs under the ADA.
2. The use of service dogs for psychiatric and neurological disabilities is explicitly protected under the ADA.
3. “The crime deterrent effects of an animal's presence” do not qualify that animal as a service animal and “an animal individually trained to provide aggressive protection, such as an attack dog, is not appropriately considered a service animal.”

These previously existing policies are already in effect.
For further reading, consult:
Final Rule for Title II: Department of Justice, 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services
Title II Fact Sheet: Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice's Regulation Implementing Title II of the ADA
Text of Revised Title II Regulation: Text of the Revised Title II Regulation
Final Rule for Title III Department of Justice, 28 CFR Part 36, Nondiscrimination on the Basis of Disability by Public Accommodati
Title III Fact Sheet Fact Sheet -- Highlights of the Final Rule to Amend the Department of Justice´s Regulation Implementing Title III of the ADA
Text of Revised Title III Regulation: Text of the Revised Title III Regulation

A dog that is doing a service for the individual.

A companion dog is not "doing a service for the individual". They are there to provide an opportunity to bond. That is not necessary in the classroom. In fact, the classroom is the least likely place bonding is going to occur. Especially since these dogs are obtained as untrained puppies. They are relied on for their innate characteristics, not trained to provide specific services.

"Flapping" is not destructive behavior. It is self comforting behavior and a form of communication. It is not impulsive. It occurs for a reason.
 
A dog that is doing a service for the individual.

A companion dog is not "doing a service for the individual". They are there to provide an opportunity to bond. That is not necessary in the classroom. In fact, the classroom is the least likely place bonding is going to occur. Especially since these dogs are obtained as untrained puppies. They are relied on for their innate characteristics, not trained to provide specific services.

"Flapping" is not destructive behavior. It is self comforting behavior and a form of communication. It is not impulsive. It occurs for a reason.

I'm just wondering... Is the Ostrich your favorite bird?
 
I'm just a bit surprised that some people seem to be so opposed to the use of a service that would provide benefit to the child. In fact it's shocking.
 
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CSign said:
I'm just a bit surprised that some people seem to be so opposed to the use of a service that would provide benefit to the child. In fact it's shocking.

child isn't deaf, so they don't care. If this was a deaf child with a hearing dog people would have pitchforks and torches, but this child has autism.
 
I'm just a bit surprised that some people seem to be so opposed to the use of a service that would provide benefit to the child. In fact it's shocking.

No one is opposed to using companion animals. I have no idea where you are getting that.
 
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child isn't deaf, so they don't care. If this was a deaf child with a hearing dog people would have pitchforks and torches, but this child has autism.

Depends on the situation. A hearing dog is a certified and trained service animal, not a companion animal.
 
No one is opposed to using companion animals. I have no idea where you are getting that.

Jillio- for the love of everything good in this world... Why do you keep talking about companion animals???? This thread is about Service Dogs. Maybe you could start another thread about companion animals?
 
Depends on the situation. A hearing dog is a certified and trained service animal, not a companion animal.

Yes. And they certify and train dogs to work with children with autism- they are called Service Dogs...
 
Wirelessly posted

jillio said:
Wirelessly posted



child isn't deaf, so they don't care. If this was a deaf child with a hearing dog people would have pitchforks and torches, but this child has autism.

Depends on the situation. A hearing dog is a certified and trained service animal, not a companion animal.

in this article it says service dog, not companion.
 
Jillio- for the love of everything good in this world... Why do you keep talking about companion animals???? This thread is about Service Dogs. Maybe you could start another thread about companion animals?

Because the dog you are referring to is a companion animal. Obviously you still do not understand the difference.:dunno2:
 
Deafskeptic- are you opposed to the use of service animals within the educational environment?

Service animals as in dogs for the blind or mobility assistance dogs for the mobility impaired?

Or companion dogs for the purpose of reducing stress and bonding?
 
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