Deaf student's dog turned away from school

[jillio]

I was just reading about this court case on another web site. Does anyone know of any recent updates?

I guess the issue in question is the gray area between the ADA and the IDEA. It seems that the ADA requires a broader spectrum of accommodations in the public sphere than the IDEA does.

I don't quite understand why the school has dug in so deeply on this case. Let the kid have his service dog. What's the big deal? Dander? Stupid excuse... what would they do if they had a blind teacher? Oh wait, they probably wouldn't HIRE a blind teacher.... (in violation of the ADA).

I think the bottom line here is that the school doesn't want a dog, because they fear that it will be disruptive.... and in truth, a poorly trained service dog probably would be disruptive. However, in my experience these dogs are incredibly well behaved. The school knows that the "disruptive" argument won't hold water, so they attack the character of the individuals putting the case forward (the parents). Unfortunately the judge bought into the stupid arguments. He even suggested that terps and note takers, are extraordinary accommodations. Clearly he's clueless about typical accommodations made for the deaf. Those aren't extraordinary at all.

Yeah, this judge is clearly ignorant re: standard accommodations, and the school system is being ridiculas. I know at the college level, in the school I work for, the use of service dogs is never questioned. They are all extremely well behaved and not nearly as disruptive as some of the students!

 

[ideafspy]

I will allow blind to keep either dog or the cane. The cane doesn't look too weapon. My understand the school allow the blind student leave classroom earlier to go another classroom for 5 minutes earlier or 10 minutes earlier depend where the class is. Sometime there are special teacher assistance do guide them to another classroom. They have different way to able guide the blind student to another classroom. There is no but or well.

About the hearing dog. I think it stupid and silly to have in school unless; if the school doesn't have alarm fire flash in each hall that provide alert notify. Also, provide flash door or anything that alert then no point to have hearing dog because they met the ADA laws.

I sometime allergies the dog mean they were outside dog.. not specific as hearing dog.. in general dog.

 

[Aleser]

About the hearing dog. I think it stupid and silly to have in school unless; if the school doesn't have alarm fire flash in each hall that provide alert notify. Also, provide flash door or anything that alert then no point to have hearing dog because they met the ADA laws.

I sometime allergies the dog mean they were outside dog.. not specific as hearing dog.. in general dog.

That's beside the point: the law says you can have the dog, even if you can function 100% without it. As long as a: you have a disability b: the dog serves a function to mitigate, you automatically are granted 100% access under the ADA. Being blind or deafblind doesn't make you "more disabled" than being deaf. You're disabled, that's what counts in the laws eyes. As long as the dog behaves in a professional fashion, there is no legal reason why the dog should be denied access to the child's school.

 

[rockdrummer]

We 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.²During 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.

this is an outstanding case of a parent getting involved but if I read it correctly they may be taking the wrong path. They need to get involved in the IEP process (assuming that is the process referred to) and include the assistave dog as part of the program.

If during that process they are denied, then they can apply the existing law. I honestly hope they win and this sets a precident. Or at least enforces an existing law. Use the division of human rights. That's what they are there for. Im sure there are many lawyers out there that would have a field day with this one.

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

 

[pek1]

. . . I know at the college level, in the school I work for, the use of service dogs is never questioned. They are all extremely well behaved and not nearly as disruptive as some of the students!

My hearing dog's cell phone doesn't keep ringing, either! We've been to some businesses and my dog behaves better than the patrons, not to mention at most restaurants!

 

[coolguy1973fla]

Florida state law allows all publics (like store, mall, groceries, & other public places), schools (private & public), colleges, universities to allow guide, hearing, & service dogs only and you have valid service, guide dog trained certificate.

I was in Florida School for the Deaf and the Blind (as FSDB) Student 1984-1992 . I have seen one deaf & blind employee have certified guide see & hearing dog and few blind student does have guide dog in school.

also I had one deaf ex-girlfriend lives in Ormond Beach & currently live New Port Richey, FL She had a retired hearing dog name is Gator that Gator is black poodle dog right now his eye was got blind. Gator is living with ex-girlfriend's older sister in Plant City, FL.