Legal Clips, [March 2006]
An impasse between a couple and their school district in Stafford, Virginia over their request that a dog accompany their child to speech class raises a larger question: How far must schools go to balance the needs of students with disabilities against the needs of other students and school employees? Melodee and John Garvin's eighth-grade daughter Sarah has Down syndrome, and sometimes her speech is garbled. But when Sarah puts her highly-trained dog through its paces, she is forced to speak slowly and clearly. The district's refusal of the Garvins' request ignited a flurry of local press coverage and letters to the editor. Attorney Kathleen S. Mehfoud, who represents Stafford County School District (SCSD), acknowledges that it is easy to be moved by the story. However, "things aren't always as they seem," she cautions. "If there's been a 'no' [decision] made in a particular case, it's because the district believes the dog is not needed for the educational program." In this case the dog is not a service animal but a "skilled companion," which requires an adult facilitator. While Mrs. Garvin and the dog accompanied Sarah in elementary school, they have not done so since. The Garvins requested a mediator, who suggested the dog could accompany Sarah to after-school events. They say they were told that dog dander would be a problem for allergic students and staff, and the dog was not needed to achieve the goals in Sarah's individualized education plan. SCSD spokeswoman Valerie Cottongim notes that principals have the discretion to allow animals in the classroom under district guidelines, which call upon principals to consider issues such as allergies, students' fears, and cleanliness.
      A National School Boards Association Web log, BoardBuzz, devoted a 2004 posting to a Kentucky superintendent who was criticized nationwide when he refused to let a student bring a service dog to class until he could resolve safety and legal concerns. The situation was quickly resolved, with the dog allowed to accompany the child, but not before the story was picked up coast to coast. Legal experts say that the law generally favors people with disabilities who require assistance animals, but that the issues can become more complicated in the public schools. Julie Lewis, the deputy general counsel of the Georgia Department of Education, headed off a potential dispute involving a deaf teacher's hearing-assistance dog and a student who was allergic to dogs. "I was surprised that the case law was so strongly in favor of the person with the service dog, even if the person was not disabled," she says. Based on her research, Ms. Lewis recommended that the dog be allowed if the teacher bathed the dog to reduce dander. The school also added air purifiers to the classroom. Ms. Lewis suggests the federal Americans with Disabilities Act (ADA), which requires that service animals have access to public accommodations, may be more pertinent than the Individuals with Disabilities Education Act (IDEA), which is aimed at the educational program of students in special education. SCSD's lawyers, however, point to a 1991 guidance letter from the federal Education Department that they say bolsters their view that service animals do not have to be allowed where refusal would not deny the student an opportunity to participate in or benefit from the school's program.
     According to SCSD school board member Nanette Kidby, a friend of the Garvins, the board is still considering their request and has asked them for additional information. Canine Companions for Independence (CCI), the organization that trained Sarah's dog, takes a low-key stance on such disputes, but the Garvins have declined CCI's offer to speak to the principal or school board, saying it's unnecessary. Mrs. Garvin stresses that she wants to keep her interactions with the district nonconfrontational. "The school people I know are wonderful people," she says. The Garvins also say they're not interested in suing over the matter. "We have resources," says Mr. Garvin, "but we want to spend them on enriching her life, not on attorneys."

Education Week
By Christina A. Samuels
[Link to full story]

[Editor's Note: The BoardBuzz posting and CCI's website are linked below. Ms. Mehfoud is a COSA member, and Ms. Lewis is a former NSBA staff attorney who served as editor of Legal Clips. ]
[NSBA BoardBuzz posting on Kentucky service dog furor]
[Canine Companions for Independence website]