Author Topic: Starting Out/Is this a good idea?  (Read 1583 times)

0 Members and 1 Guest are viewing this topic.

Online Kirsten

  • Administrator
  • *****
  • Posts: 20038
  • Kirsten and Cole
    • Service Dog Central
  • Location: Missouri, USA
  • Mood: Okay
  • SD interest: owner
Re: Starting Out/Is this a good idea?
« Reply #15 on: October 14, 2007, 07:28:04 PM »
Private schools are a little trickier to get a SD into than public schools.  One thing a lot of people fail to understand is that taking a SD to school is not a title III access issue.  It is not the same as taking a dog to the grocery store.  The burden of proof on the PWD and the standard for "reasonable accommodation" are higher than they are for a public accommodation.

I think the confusion comes largely from the language in the codes of federal regulation that reference some parts of public schools as public accommodations.  Areas where the public are welcome, such as sports events, are public access under title III.  However, areas to which the public are not generally welcome, such as individual classrooms when class is in session, are not under title III, but title II (for public schools).

Access standards are higher for "long term" interactions and relationships with the service animal team.  A visit to a grocery store is a relatively short interaction.  Renting an apartment or getting a job involve much longer interactions, usually years long, and many hours each day.  School is more like a job or housing than it is like a public accommodation.

The school  must take into consideration not just the needs of the PWD student, but all of the students and staff.  In a short interaction, allergies and fear cannot justify denying access of a SD team.  HOWEVER, in a long interaction, in some instances, it can. 

If there is a child at school who is allergic to dogs, we must consider how the presence of the dog will affect that child's education.  Allergy medications can make a person drowsy.  If it is not possible to relieve the child's symptoms without impairing the child's ability to learn, then the accommodation isn't really reasonable.  Ideally, the school would work to find a solution that considers the needs of both children.  Perhaps they could be put in different class rooms and schedules instituted that would keep them from being together.

The whole point I'm trying to make is that the key here is REASONABLENESS.  Access with a SD at a school is not an absolute right.  Actually it isn't at a grocery store either, but the assumption is that because it is so minimally intrusive that generally a grocery store should just permit service animals as standard practice.

This is a hot topic where emotions can run very high.  If everyone involved keeps focused on reasonableness and accepts that compromise will be necessary the odds of resolving school issues will much higher.  The problems I've seen arise when the parents put their foot down demanding rights they don't actually have, and refusing to dialog at all (ie the Cave case).  If the family of the PWD is exceedingly reasonable and makes their communication in writing instead of over the phone or to the press, they stand a much better chance of getting what they want if it does go to mediation or court.  This is one instance when taking the high road can be critical to success.
Kirsten
with Cole, Luna, and Ruby

:kirsten:           :karl: I'm a Karl's Kid!            I :heart: :drupal: :googlequeen: :loveFF:

Offline Shidash

  • Autistic Academic
  • Permanent Resident
  • *****
  • Posts: 2538
  • Nala, SCD
    • My Personal Website
  • Location: Boston, MA
  • Mood: Vulcans have no moods
  • SD interest: waiting
Re: Starting Out/Is this a good idea?
« Reply #16 on: October 14, 2007, 07:46:20 PM »
I won't take the service dog to school this year but next or the year after. I will be at the same school for high school. What doesn't sound good? I am aware that it will be hard but my parents are reasonable and I believe that it is possible.
~Shidash
A person shielded by a true, benevolent passion is invincible!

Online Kirsten

  • Administrator
  • *****
  • Posts: 20038
  • Kirsten and Cole
    • Service Dog Central
  • Location: Missouri, USA
  • Mood: Okay
  • SD interest: owner
Re: Starting Out/Is this a good idea?
« Reply #17 on: October 14, 2007, 08:53:45 PM »
As long as all parties remain calm and reasonable, I think you have a good chance of getting a service dog in, especially in High School.

I'm not sure if it was my post that prompted your question about what didn't sound good.  I know that I was speaking generally, about getting SDs in school, and not specifically about your case.  I still have the Cave case on my mind and that's what motivated most of what I had to say.

If a kid is able to adequately steward their dog, the dog is there to work for the PWD, and the dog behaves appropriately, then I fully support service dogs in schools.  If you add in the reasonableness factor, considering the needs of other students to receive their educations as well, then the law would also tend to support SDs in school.  At least as far as I understand it.

Note:  some states make access to schools with an SD automatic.  Most do not.  I'm speaking above in terms of my understanding of the ADA.  IDEA may also apply, as well as the Rehab Act (at least in some situations).
Kirsten
with Cole, Luna, and Ruby

:kirsten:           :karl: I'm a Karl's Kid!            I :heart: :drupal: :googlequeen: :loveFF:

Offline Shidash

  • Autistic Academic
  • Permanent Resident
  • *****
  • Posts: 2538
  • Nala, SCD
    • My Personal Website
  • Location: Boston, MA
  • Mood: Vulcans have no moods
  • SD interest: waiting
Re: Starting Out/Is this a good idea?
« Reply #18 on: October 15, 2007, 05:47:48 AM »
Thanks :smile:. No, it wasn't your post.
~Shidash
A person shielded by a true, benevolent passion is invincible!

Offline hopesclan

  • Permanent Resident
  • *****
  • Posts: 4544
  • Life is like a bag of...
    • A Story of HOPE
  • Mood: Sad
  • SD interest: waiting
Re: Starting Out/Is this a good idea?
« Reply #19 on: October 17, 2007, 10:09:25 PM »
Oh.  It just doesn't sound good that there might be some issues regarding your father and the board and such.  Figured it was a bit frusterating after having to convince your father to begin with.

Sorry I didn't explain.

Do you know when you get your dog?
A Story of Hope: http://blog.workndog.org/hopesclan/

Hope can never be lost... only found...

Offline Shidash

  • Autistic Academic
  • Permanent Resident
  • *****
  • Posts: 2538
  • Nala, SCD
    • My Personal Website
  • Location: Boston, MA
  • Mood: Vulcans have no moods
  • SD interest: waiting
Re: Starting Out/Is this a good idea?
« Reply #20 on: October 18, 2007, 06:27:26 AM »
No, I am saying that there will be pressure on the school because of that. I get the dog in January or June, probably June.
~Shidash
A person shielded by a true, benevolent passion is invincible!

 

© 2006-2011 Service Dog Central
All rights reserved.