If so it seems they are not opposed to services animals being there just this one because it barks and growls at people within the school. And they are right that is a liability waiting to happen. Seems if the family got a properly trained service dog the school would be ok with that.
The NYC boy is deaf and is 14 years old. His dog's name is simba and I watched the footage/conversation with them last night, actually. He IS 'profoundly deaf'. He's had cochlear implants in both ears, and in 1 on 1 conversations where theres no other noise he can kind of hear, but in noisy situations (schools restaurants, on roadways, etc) where there is a lot of background noise or talking, he can't hear because he can't filter specific voices/sounds.
I think the ACLU will come down on that school system like white on rice, personally.
The ADA basically says, (thx wikipedia) "no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things." Apparently the NY state law is even more specific in regards to denial of access/service of any aspect of their disability (regardlss of the type of disability).
The kid is saying that because he spends, what, 6-7 hours out of each day at school, that's almost between 1/4 and 1/3 of the 24 hours of every day, that he is being denied full and equal enjoyment of his educational experience because he is prohibited from bringing his service dog to school.
Personally while I do agree that the dog probably does little to add to his hearing/educational experience, I also think that the ADA still covers the dog and it should be allowed into the school. But that is justme.
that he is being denied full and equal enjoyment of his educational experience because he is prohibited from bringing his service dog to school
Every kid would love school more fi they could bring there pets.
I dont see why they dont let him bring the dog but at the same time I dont think he needs it at school. In the interview he said something about he was worrying about the dog wile he was at school and his grades are droping. That seems a bit silly, olinas grades are not droping because her dog is at home.
Its a servicve dog he shold be able to have it but at the same time I dont see why he needs it. he has alot of things at school helping him, I dont see how a dog will help him much more. The only thing I can think of is maby they want the dog to be around him more so they form a better bond for when he goes out to do things.
I totaly agree. it just seems strange. I men if he has the dog he must need it for something but he has an inturpiter at school with him im sure if he was going to get hit by a car that guy would grab him, Or some of his friends would. Im guessing sence hes a full time guy he eats lunch with him and tells him what the kids are saying to him too.
I think we need to know more about it though, What his dr says, why the school wont let him have it, maby a better interview with the mom. Right now it seems kinda strange
I asked a friend of mine about this, she trains, breeds, and needs her service dogs... here is what she said ...
"""This is a huge discussion on the service dog groups I am on. Here is how it looks to me. A school is a public place and must make a reasonable accomidation for a service dog. Meaning that if this is truely a service dog and this person is truely in need of one then the school has to accomidate for that.
But the school does have the right to refuse any service dog that has shown any aggresive tendancies on the school property. Now if the dog barked they have to determine if the dog was alert barking(trying to get someones attention because her handler was in need)( My dog) is trained to alert bark if I pass out in public, having a sever panic attack and such. This is not aggressive barking. It is a loud bark only. I can not determine from this article if that is what the dog was doing and they miss took it or that teh dog was in fact barking aggresively at other students. If the dog was barking aggresively or growling at teachers or students then the school is in their full rights to refuse the dog. Service dogs are NOT to act aggresively in anyway in public. If their handler is in trouble they have to be so well mannered as to allow strangers to assist. If they are aggresive to the point of barking and growling at people then they would not allow people to assist if the handler was in need of it.
I can't pass a judgement on this case since I wasn't there and I have no idea if this is being said accurately or not. """
While it is illegal to ban a service animal from a public place, this is not an actual service animal, its more of a pet with special training, if even that. My dog will alert me of a passing train when we're in the car, too, and I didn't even need to train him to do that, his nature makes him aware of differences in his surrounding. Neither the mom or child could state even one thing that the dog does for him or how the dog helps the boy be independent or live a normal life, in or out of school. So, I just don't buy it. Maybe she just doesn't want to potty train the dog while the boy is at school, so she wants him to take him along and bought him a red jacket off ebay?
My experience has been that news shows play what sells ratings, not always the truth, and rarely the WHOLE story! CNN is no exception.
To me, the mom is someone making excuses for her son and trying to profit from his hearing loss, as I'm sure a law suit is to follow. Her body language and demeanor show deceit.
I have to agree with the school, there are protocols that you have to go through, and I'm sure there are standards to be met which would require a service dog. The boy can hear, he has a full time aid to assist him when he can not. The dog admittedly does not assist him at school. The school district has done their part in assigning him a full time aid. You can't just show up at school and say "yeah, this is my service dog", or else everyone would do it. There are rules everywhere, and this family clearly did not follow them, as the mom insists that the school has no protocol...is that because she never bothered to ask what it was? I don't buy it. This is just a ploy for money and attention. She got pissed when the boy said that he just failed his math test because he was thinking about the dog because that will hurt their case. What? Was the dog supposed to give him the answers? I never knew that deaf people couldn't do math without assistance!
I just got to watch the video and I am confused on some areas. If the child has an Interpreter and FM speakers and the teachers wear mics, and the dog is not an educational tool while at school why does it have to be there. I mean I just don't understand do they want Simba there on principal?
Also this is just a something that bugged me on the video. The boy talked of his grades falling and failing a math test because he is worried about Simba during the day and what not. Why does the mother not explain to the child that she knows he worries about the dog but he needs to concentrate on his school work. That Simba is fine during the day and they will figure something out.
I haven't watched the linked video because I'm at work and can't get watch them on the computer I have here... but I did read about this case.
I too wondered what "purpose" the dog served in the school. My husband and I were discussing it at the dinner table last night and it took my 9 year old to put a different perspective on it...
There is more going on in a classroom than simply a teacher talking and kids taking notes. There are the "behind the scenes" things happening like Jimmy and Joey shooting spit balls at Suzie in the next row. There are things like whispered conversations going on. There are conversations that take place in the hallways between classes. You remember, the noisy, commotion filled hallways - can you imagine how intimidating it might be to walk down a hectic, crowded, high school hallway without the benefit of your hearing to know if the football players are throwing the football in the hall again? People may scream - "Watch out" when the ball is coming at your head... but you wouldn't hear it... however, your dog might.
So... I imagine that his dog DOES provide him with at least 2 much needed services... 1) he is a friend - someone to communicate with, someone to "be" with - so he doesn't have to be alone. 2) security - the dog can alert him to anything going on around him that perhaps he can't see.
If the boy feels more comfortable because the dog is providing these 2 things alone - then his grades will improve and his school experience will be better.
I understand that there are procedures to go through to get "services" approved... however, if you had a child who had a degenerative muscular disease and over the course of time got to the point that he needed a wheelchair - you would not expect the school to tell you "we'll have to get the wheelchair approved before he can use it"... you would expect them to make a reasonable accomodation while you go through the proper channels. While not exactly the same story as the dog - I think it is similar... the dog provides a service to a boy with a disability.
I think that the school is treading a very slippery slope and they should move with caution... ultimately the child has a right to a fair and equal education - the school has to make sure that they provide that to him.
Good post Sonjavon. Your 9 year old is right on target! I am hearing impaired, not to the degree this boy is. This dog provides friendship, an icebreaker to other kids, and of course his ears to the world around him.
Hearing impairments can make for a lonely life and if this dog makes this boys school years easier, I say it should be allowed. As long as the proper training is done.
Ok - now that I'm home I had a chance to see the video. When she says that the dog is not an "educational tool" he's a "life tool" I get that... it's the same as saying that a wheelchair or a walker is not an educational tool - neither will help the user to get better grades, but they will indeed help in life.
I think also that John misunderstood the question that was being asked of him at the end when he mentioned worrying about Simba and his math test. The question was "how does not having Simba effect you...." and John was stating that the whole commotion of whether or not he can have the dog with him is making it difficult for him to concentrate. When I saw his mom try to sign to him - I don't know what she was saying - but I think that she was probably trying to explain the question to him better. Again, I think the fact is that the dog makes him feel more secure at school.
I'm sure too that it's very important for he and Simba spend time together... for Simba to be a working dog. When the reporter asked "can you understand why it might be a distraction to have a dog walking down the hallway", I wish that John's mom would have answered that differently... life is full of distractions. Wheelchairs are distracting, bad acne is distracting, seeing kids with their crotch hanging down to their knees is distracting... some of those distractions are legally protected. A working dog is legally protected.
barligirl - I'll tell my son that you said he was right - he's a very "in tune" child...