« Accessible E-Texts | Main | Communication None-0-1 by Lori Miller Fox »

January 24, 2008


Jeremy Hilton

Interesting issue...I read the previous comments. I agree that the parents seem to be making it a harder situation than it need be. But, I wonder, what would happen if the child were blind? Would the health/safety/allergy argument still hold in your mind? If not, why not? In general, I still would think that a parent would not have to exhaust all adminstrative remedies in situations like this. There are going to be situations where we parents can't wait the 60+ days for a DP hearing.

Ed. You raise a valid point which gets back to the compelling interest of the child for the service dog. From all public comments that the family has made they were asserting an apparently unqualified right. I am obviously sympathetic to the child's needs but feel that parents need to present their positions in way that is not categorical and is open to discussion. While I am not certain that was not done in this case, it did not appear so from the public comments.


Issue is interesting but what ground do they need the dog? Health and saftey is an issue. This is what Special aid helpers are for when kids with disabilities need special attention at school. A) Move to a school that offers the service, B) dont be cheap, pay for it yourself.


The East Meadow School District recently moved to stop actions by the NY Dept. of Human Rights on Dept. initiated complaint and a finding of "a pattern of discrimination." A court ruled to deny the School Districts request citing that even if John Cave would be found non-disabled this case would have implications with others with Assistance Dogs. The complaint continues. For info see: http://www.dhr.state.ny.us/court_orders.html

William Malone

Although this is an IDEA issue, this is more of an ACCESSABILITY issue.


It's a shame that these parent's didn't file in federal court. ADA access is federal law and should have been filed in federal courts. ADA access is mandatory under federal law, because schools receive federal funding. The service dog is durable medical equipment under ADA law, the same as a wheelchair, and should be treated as such. It's unbelievable that these judges would ignore federal law, which overrules state law - that's basic Law 101. I hope that the parents decide to file in federal court, which is where the case should have been tried in the first place. The law will be rightfully applied there.

The comments to this entry are closed.


About Me


Clients' Testimonials

Become a Fan