The Service Animal’s Assignment at School

Type: Article
Topics: District & School Operations, Equity, School Administrator Magazine

February 01, 2021

Legal Brief

THIS PLACE IS going to the dogs … or in some cases to the horses.

Who would deny a child with autism, suffering from epilepsy, asthma and Angelman syndrome, the right to bring to school a service dog trained to detect life-threatening seizures and help with balance? Similarly, who would prevent a youngster with spastic quadriplegic cerebral palsy that impairs her motor skills and mobility, access to her service dog in the classrooms and hallways?

In each of these cases, the family sued the school district in federal court because of the district’s refusal to accommodate the service dog. In the first scenario, a district in Western New York had to pay the family $42,000 to settle the lawsuit. The U.S. Department of Justice further required the district to update its policies and train its staff. The second case resulted in an undisclosed settlement with a Michigan school district.

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Author

Michele Jones

Deputy Director for Risk Mitigation and Compliance

North East Regional Information Center of Capital Region BOCES (N.Y.)

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