New York district in standoff with family of deaf student over his assistant dog
A New York school district and the family of a deaf student are engaged in a standoff over whether the boy can bring his assistance dog to school. When John Cave Jr. and his mother Nancy Cave attempted to enter W. Tresper Clarke High School in Westbury with the dog, they were barred by school officials, and harsh words were exchanged when police were called. East Meadow School District Superintendent Robert Dillon says the Caves should obtain permission from the district's committee on special education before bringing the dog to school. The parents say they requested permission more than a year ago and insist the dog must provide around the clock companionship for their son in order for the two to form the bond necessary for the dog to work most effectively in alerting to hazards. Ms. Cave contends they were "verbally accosted" but admits she used vulgar language. Under state law, public facilities cannot bar disabled people with service dogs, while federal law requires facilities to change policies banning service animals. The state Division of Human Rights has initiated an investigation into the matter without receiving a complaint, and commissioner-designate Kumiki Gibson says that it "seems there was a violation." She says if there was a violation, she could order the district to accept the dog and could seek monetary damages or order the district to rewrite its policies. Ms. Cave says she is frustrated with the pace of the investigation, adding, "Personally, I think the governor should call Dillon." The family also wrote Congresswoman Carolyn McCarthy, whose spokesman says, "If it turns out the child is being wronged, then obviously we will step in."
"Unfortunately every attempt … to engage the Caves in a dialogue on this matter … has been repeatedly rejected," Mr. Dillon said in a written statement issued after the school denied access to the dog for five straight days. "As the student and mother have stated, [the] dog is not necessary for the student to successfully access and participate in the district’s educational program. … [A]s counsel to the Office for Civil Rights, New York Office of the U.S. Department of Education, has opined, the consideration must be performed on a case by case basis. The district has taken the appropriate steps to evaluate this issue. … Certain risks are posed by a canine participating daily in the school environment, such as allergy considerations, problems in navigating class and staff flow in the hallways and stairways, and the significant distraction and substantial disruption to educational operations that the animal’s presence poses." Ms. Cave has reacted angrily to the statement, accusing the district of having a "vendetta" against her family and asserting that the Americans with Disabilities Act and state civil rights statutes "state that the district has no jurisdiction relative to a service dog." Acknowledging that she has refused to meet with the district’s committee on special education, she says, "We do not have to justify what the dog does for John. We don’t have to explain; we don’t have to show proof of anything. … Nor is it any of their business." She says she is willing to meet with Mr. Dillon individually, but he has refused. "The dog has every right to be there," she says. "We’re going to keep trying."
Newsday
By Carl MacGowan
[Full story]
Newsday
By Carl MacGowan
[Full story]
Newsday
By Carl MacGowan
[Full story]
[Editor’s Note: For information on other controversies, legal and practical questions, and public ado about service dogs and companion animals in schools, see past Legal Clips summaries starting below. There is a functional difference, with legal implications, between service animals and companion animals; see the statement below from the International Association of Assistance Dog Partners (IAADP). Members also can access this month’s issue of the COSA journal Inquiry & Analysis, which includes a detailed article on "Service Animals in Public Schools: Who Let the Dogs In?" by COSA members Kathleen S. Mehfoud & Patrick T. Andriano of Reed Smith LLP in Richmond, Virginia.]
[NSBA School Law pages on animals in school]
[IAASP statement]
Inquiry & Analysis
By Kathleen S. Mehfoud & Patrick T. Andriano
[Full issue]