# School won't hire handler for service dog



## cubbysan (Mar 13, 2007)

I thought this would be an interesting story for people to discuss or see how other schools have handled this issue.

Franklin family battles school over boy's service dog | Local News - Home

This is a tough one for my former city. In previous articles, it said that the boy is not certified to handle the dog, the mother is, and they need somebody certified in the school to handle him, which would include supervision and bathroom breaks. The boy's aid has said she is willing to do it, but the school says a separate person needs to do it. The mother is pushing the school to hire a dog handler, otherwise the mother will need to do it. Franklin is known for all the money it spends on their special needs students, and because it is in the school choice program, many students choose to go to its school system because of their special needs programs.


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## hotel4dogs (Sep 29, 2008)

Unfortunately, it could begin a costly precedent. 
In the school districts around here, over 35% of the salary budget is already going to special education. It's a horrendous crunch. If you sit in on an IEP, you will hear pretty much every case being suggested for intervention, therapy, and/or an individual aide (which this boy clearly needs) even if the disability is mild. The taxpayers' backs are already breaking with the costs of our schools. We pay over 3% of the market value of our homes in real estate taxes, and by far the hugest portion of that goes to the schools. A home worth $250,000 already pays $8750 in real estate taxes per year in this area. 
The boy clearly needs the dog. The dog clearly needs a handler. The aide cannot be in two places at once, and can't handle the dog for potty breaks, etc. as that would leave the boy unattended. 
There are no easy answers.


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## AmberSunrise (Apr 1, 2009)

I agree this is a tough call. Connecticut also spends huge amounts of money on special needs children and I have to wonder where the money can continue to come from - we the taxpayers are at a breaking point and each child who needs one or even two dedicated (trained & skilled) people hired for one on one care further stretches the amount of money needed.

I know people going into this field because these fields are well paid ... I feel for all sides of the debate.. the parents, the children, the professionals and the taxpayers.


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## hotel4dogs (Sep 29, 2008)

This is a bit of a sore subject for me to be honest.
I have one child who is a special needs child. He is clinically brilliant. He was reading (self-taught) when he had just turned 3 years old. He read, and comprehended, at the 3rd to 4th grade level just before his 4th birthday. He was doing multiplication by age 3, also self-taught (which is a bizarre story for another day). He could do simple computer programming in BASIC at age 4.
The school system, after testing him at age 4, told me that although he was clearly a special needs child, they had NO MONEY for children like him. They said their "gifted program", such as it is (pathetic), didn't begin until 2nd grade. I asked what their plan would be for him when he entered kindergarten at age 5, and they told me he could spend the day in the library (!!!!), and they would send home "enrichment materials" from a higher grade level for me to do with him at home (!!!!!!!!!). 
I said..."seriously?? you are going to park a 5 year old, high energy little boy in a library for 3 hours a day and tell him to entertain himself?". Yep. That was the plan.
Yet they have plenty of money to send a special bus around to pick up children at home individually, every day, aged 3 or 4, because they are a little slow to learn to talk correctly. And I don't mean the children who so clearly do need early intervention. I don't begrudge them the assistance.
Um yeah, very sore subject with me.
(BTW, he didn't go to that, or any other, public school, although plenty of my tax dollars did).


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## Kally76 (Jun 14, 2010)

hotel4dogs said:


> This is a bit of a sore subject for me to be honest.
> I have one child who is a special needs child. He is clinically brilliant. He was reading (self-taught) when he had just turned 3 years old. He read, and comprehended, at the 3rd to 4th grade level just before his 4th birthday. He was doing multiplication by age 3, also self-taught (which is a bizarre story for another day). He could do simple computer programming in BASIC at age 4.
> The school system, after testing him at age 4, told me that although he was clearly a special needs child, they had NO MONEY for children like him. They said their "gifted program", such as it is (pathetic), didn't begin until 2nd grade. I asked what their plan would be for him when he entered kindergarten at age 5, and they told me he could spend the day in the library (!!!!), and they would send home "enrichment materials" from a higher grade level for me to do with him at home (!!!!!!!!!).
> I said..."seriously?? you are going to park a 5 year old, high energy little boy in a library for 3 hours a day and tell him to entertain himself?". Yep. That was the plan.
> ...


Very sore subject with me also. I was impressed to read the other postings stating there school districts spend a lot on special needs programs. That is definitely not the case here.


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## Kally76 (Jun 14, 2010)

Oh, sorry...I got sidetracked. What would they do about the other students that absolutely could not be around dogs? A lot of children have severe pet allergies. I'm just curious.


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## TheZ's (Jun 13, 2011)

We're in a school district that spends so much on special ed that some people reportedly rented a second home here that they didn't live in just to get their special needs child into the system. The expenses include a good number of large SUV's with drivers that are used to pick up an aid in the morning at their home, which probably isn't in town, then pick up a single special needs child at their home and transport them to school so they can be "mainstreamed". I'm sure if you're the parent of one of these children you want every effort to be made and no expense to be spared but we need a balance. 

In the case mentioned above it seems to me that the mother wants an unreasonable amount of accommodation at others expense.


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## golfgal (Dec 31, 2013)

They've started introducing service dogs for younger kids into some of the schools here other than at age 16 which has generally been the case. In this one case, the trainer from the school came out and worked with the EAs, the teacher and principals (couple of days) that normally deal with the child. The EA commented on how much easier it made it to deal with the child as there was also a calming effect on this child as well as some of the other kids that interacted with the boy. Made their job less stressful is how she put it. The dog is tethered to the child during the day. The dog gets a toilet break when the kids go outside for playtime. 

According to the EA, the biggest issue is trying to get other parents to understand that doesn't mean they can bring their dogs into the schools. I guess its up to each district and/or school how they want to handle things. Tough call though.


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## mylissyk (Feb 25, 2007)

I want him to have the service dog with him at school, it's needed. But I don't see how the school district should be responsible for providing a dog handler.


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## Alaska7133 (May 26, 2011)

Barb, 
I have to say your taxes are horrible in the Chicago area. I think my Mom pays about $5,000/year on a $125,000 house. On her tax bill they flag the various lawsuits that the city is laying on that they've lost over the decades. One of those lawsuits happened back in the 80's and it's still not paid for.

All too often when people don't think they get what they are entitled to, they sue. The city or school district is left to spend oodles of money on lawyers defending themselves. Often they just settle to make it go away because it's far cheaper and takes less time than getting drug through the court system.

Sad for everyone


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## cubbysan (Mar 13, 2007)

hotel4dogs said:


> This is a bit of a sore subject for me to be honest.
> I have one child who is a special needs child. He is clinically brilliant. He was reading (self-taught) when he had just turned 3 years old. He read, and comprehended, at the 3rd to 4th grade level just before his 4th birthday. He was doing multiplication by age 3, also self-taught (which is a bizarre story for another day). He could do simple computer programming in BASIC at age 4.
> The school system, after testing him at age 4, told me that although he was clearly a special needs child, they had NO MONEY for children like him. They said their "gifted program", such as it is (pathetic), didn't begin until 2nd grade. I asked what their plan would be for him when he entered kindergarten at age 5, and they told me he could spend the day in the library (!!!!), and they would send home "enrichment materials" from a higher grade level for me to do with him at home (!!!!!!!!!).
> I said..."seriously?? you are going to park a 5 year old, high energy little boy in a library for 3 hours a day and tell him to entertain himself?". Yep. That was the plan.
> ...


This is a sore subject for me too. When we were in this school system, my daughter who taught herself to read in chapter books first month of kindergarten. In third and fourth grade all the sudden she could not do basic math skills. Like she forgot everything from the previous years. I went to the school and they weren't concerned, said she probably never knew them. I went to the top, and the best they could say is that they would wait until she was in sixth grade to test her, because she was not special needs. She was so stressed out over this, she had stomach pains, I was working with Boston Children's Hospital, and the best they could come up with it was stress.

We moved in fifth grade, the new school teacher sat down with her for two afternoons and showed her everything. She tested in the top half percent of the US for math! 

During that time they spend 8k per student without special needs but over 150K for each special needs child.


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## cubbysan (Mar 13, 2007)

Kally76 said:


> Oh, sorry...I got sidetracked. What would they do about the other students that absolutely could not be around dogs? A lot of children have severe pet allergies. I'm just curious.


I once read a situation like this in the private work sector. Small office hired somebody with service dog, sharing space with somebody that was allergic. The ADA does not consider allergies a disability, so the service dog trumps the person with allergies.


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## Tennyson (Mar 26, 2011)

Every state receives federal funding for education (k-12.) That requires all school districts to abide by IDEA. The districts are able to enact evaluations and set down limitations.
Franklin is obeying the law. By doing so it exonerates any district liabilities.
The mother should either be the handler (not likely) or hire a handler at her own expense. She raised 15 grand for the dog she could do it for the handler.
My city's school taxes are among the highest in my state. It's one tax I will never **** and moan about. To me education is an investment in one of our natural resources.


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## Megora (Jun 7, 2010)

I really don't know what to think reading this and watching the interview....  This isn't an emotional support dog. This is an actual service dog who has a job to do. For heaven sakes - if the aide is willing to take the dog out for potty and the rest of the time the dog is kept crated or otherwise secured near the boy and the aide, I can't see why there needs to be any arguments....?


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## hotel4dogs (Sep 29, 2008)

The problem here is lack of accountability as to how the funds are spent. I don't really think the kids need a rock climbing wall, a dance studio, a theater better than any I've been in on broadway, etc. in EVERY school in the district. But that's just me.



Tennyson said:


> Every state receives federal funding for education (k-12.) That requires all school districts to abide by IDEA. The districts are able to enact evaluations and set down limitations.
> Franklin is obeying the law. By doing so it exonerates any district liabilities.
> The mother should either be the handler (not likely) or hire a handler at her own expense. She raised 15 grand for the dog she could do it for the handler.
> My city's school taxes are among the highest in my state. It's one tax I will never **** and moan about. To me education is an investment in one of our natural resources.


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## cubbysan (Mar 13, 2007)

hotel4dogs said:


> The problem here is lack of accountability as to how the funds are spent. I don't really think the kids need a rock climbing wall, a dance studio, a theater better than any I've been in on broadway, etc. in EVERY school in the district. But that's just me.


This same school system just built and opened a new high school tearing down the old one that was built in my lifetime. The new school has a marble entrance and pillars. 

In a previous article I had read, the school felt they were already able to deal with the seizures without the dog. Also in the previous articles they talked of the handlers being certified, where the little boy is not certified. Not sure wat the certification is, might be the program they bought the dog from that insists upon this.


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## TheZ's (Jun 13, 2011)

cubbysan said:


> . . . During that time they spend 8k per student without special needs but over 150K for each special needs child.


This is what really troubles me. I am a great believer in the importance of good education but there is a limit to the resources available. Wouldn't society as a whole be better off if those resources were allocated a little differently . . . what about the average, high average, or very gifted child who could achieve so much more and make a greater contribution to society if their talents were more fully developed. I'm thinking of a child with severe disability who was mainstreamed here at what must have been huge expense. The disabilities were such that the child had a life expectancy of perhaps 18 years and would never achieve self sufficiency. To me it just doesn't seem a reasonable allocation of limited resources. Of course someone could point to Stephen Hawking as an example of how someone with severe disabilities can make a major contribution.


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## hotel4dogs (Sep 29, 2008)

That's exactly my peeve, too. 



TheZ's said:


> This is what really troubles me. I am a great believer in the importance of good education but there is a limit to the resources available. Wouldn't society as a whole be better off if those resources were allocated a little differently . . . what about the average, high average, or very gifted child who could achieve so much more and make a greater contribution to society if their talents were more fully developed. I'm thinking of a child with severe disability who was mainstreamed here at what must have been huge expense. The disabilities were such that the child had a life expectancy of perhaps 18 years and would never achieve self sufficiency. To me it just doesn't seem a reasonable allocation of limited resources. Of course someone could point to Stephen Hawking as an example of how someone with severe disabilities can make a major contribution.


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## cubbysan (Mar 13, 2007)

I am curious if she decides to move to a different town, if she will have the same issue.


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## JLC44 (Jun 18, 2013)

This really is very simple and should not be an issue. The child has a 1:1 aide to be with him at all times, and a service dog to be with him at all times. The child is unable to be the handler and needs adult supervision to assist with the dog. There is no reason the aide can not perform this function. In Alabama, state law requires 1:1 aides to do this, so it is not unreasonable.


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## Tennyson (Mar 26, 2011)

The aide is a school district employee. The aide would be held liable if anything would happen to the service dog which means ultimately the school district would be held liable. 

MA is ranked #1 in the country for k-12 education grades.
AL is ranked 45th.
States With the Best (and Worst) Schools - 24/7 Wall St.


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## Tennyson (Mar 26, 2011)

TheZ's said:


> This is what really troubles me. I am a great believer in the importance of good education but there is a limit to the resources available. Wouldn't society as a whole be better off if those resources were allocated a little differently . . . what about the average, high average, or very gifted child who could achieve so much more and make a greater contribution to society if their talents were more fully developed. I'm thinking of a child with severe disability who was mainstreamed here at what must have been huge expense. The disabilities were such that the child had a life expectancy of perhaps 18 years and would never achieve self sufficiency. To me it just doesn't seem a reasonable allocation of limited resources. Of course someone could point to Stephen Hawking as an example of how someone with severe disabilities can make a major contribution.


The ADA would be all over that in an instant. That school district would never be in the black again.


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## JLC44 (Jun 18, 2013)

Tennyson said:


> The aide is a school district employee. The aide would be held liable if anything would happen to the service dog which means ultimately the school district would be held liable.
> 
> MA is ranked #1 in the country for k-12 education grades.
> AL is ranked 45th.
> States With the Best (and Worst) Schools - 24/7 Wall St.



Yet this exact situation is handled that way in many many schools everyday. Yeah it's a real shame that one of the worst states for education has to be the one leading the way.


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## cubbysan (Mar 13, 2007)

JLC44 said:


> This really is very simple and should not be an issue. The child has a 1:1 aide to be with him at all times, and a service dog to be with him at all times. The child is unable to be the handler and needs adult supervision to assist with the dog. There is no reason the aide can not perform this function. In Alabama, state law requires 1:1 aides to do this, so it is not unreasonable.


What they did not bring up in this article is the handler needs to be certified. The mother has been certified, but the boy is not. Whoever handles the dog will need to be certified. In previous interviews, the mother did not say who certifies, so I am assuming the association she bought the dog from has made that rule.


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## JLC44 (Jun 18, 2013)

cubbysan said:


> What they did not bring up in this article is the handler needs to be certified. The mother has been certified, but the boy is not. Whoever handles the dog will need to be certified. In previous interviews, the mother did not say who certifies, so I am assuming the association she bought the dog from has made that rule.


Saw you point this out in your OP, meant to address it as well but never got back to do it. That is the rules for the agency they got the dog from. The mother is certified through them to handle their dog by completing the 2 weeks training when the dog was placed. The child cannot handle the dog without adult supervision. The parent would need to spend some time with the aide to train them on handling the dog. The aide would not have to go through the 2 week program and be certified by the organization.

For example this summer there was a program for special needs kids that was all day once a week. The first day I went and spent the day with them. The morning I handled the dog while I instructed and answered questions, the afternoon I let the staff member handle him and and gave feedback on what she was doing. The next week I went and stayed for a short time to make sure she felt confident in what to do. Also my son was obviously there and though he is not able to be the handler all by himself he was able to provide guidance and direction. It worked very well and we had no problems.

Hope that helps clear it up for you.


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## cubbysan (Mar 13, 2007)

JLC44 said:


> Saw you point this out in your OP, meant to address it as well but never got back to do it. That is the rules for the agency they got the dog from. The mother is certified through them to handle their dog by completing the 2 weeks training when the dog was placed. The child cannot handle the dog without adult supervision. The parent would need to spend some time with the aide to train them on handling the dog. The aide would not have to go through the 2 week program and be certified by the organization.
> 
> For example this summer there was a program for special needs kids that was all day once a week. The first day I went and spent the day with them. The morning I handled the dog while I instructed and answered questions, the afternoon I let the staff member handle him and and gave feedback on what she was doing. The next week I went and stayed for a short time to make sure she felt confident in what to do. Also my son was obviously there and though he is not able to be the handler all by himself he was able to provide guidance and direction. It worked very well and we had no problems.
> 
> Hope that helps clear it up for you.


Thank you! When I started this thread, I was really hoping you would respond. These service dog laws really intrigue me. Thanks for educating us.


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## cubbysan (Mar 13, 2007)

Just wanted to update this story. Although I have not seen anything written in the news, I have seen multiple help wanted ads for this school for a dog handler. The dog handler is to take care of the dog during school hours, plus to ride the bus home with the dog too.


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## LibertyME (Jan 6, 2007)

Service dogs are considered to be 'equipment' much like a cane or a wheelchair.

Its not the school districts responsibility to provide a handler for the dog. ...any more than it would be responsible for maintaining a motorized wheelchair.

That responsibility would fall onto the parents.


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## cubbysan (Mar 13, 2007)

LibertyME said:


> Service dogs are considered to be 'equipment' much like a cane or a wheelchair.
> 
> Its not the school districts responsibility to provide a handler for the dog. ...any more than it would be responsible for maintaining a motorized wheelchair.
> 
> That responsibility would fall onto the parents.


This is something I am very torn about. I can see the frustration of that parent, but the child did not have that dog the first two years there, and the school was very comfortable dealing with his seizures without the dog. This used to be my old district and I would not be happy paying taxes for this. That school district pays very well.

I remember a few years ago there was a child who was a diabetic who needed his blood checked at least once an hour, the parent was trying to get the school to hire an extra nurse just so one would be available just for her son in case there were other students being attended to. Not sure what ever happened to that case.


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## Aislinn (Nov 13, 2010)

A friend of mine trains service dogs and has placed one with a child in the school. The school made the dog part of the school and so all the teachers who worked with the child were handlers? If anyone wants I can contact her to see how it was done.


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## cubbysan (Mar 13, 2007)

Aislinn said:


> A friend of mine trains service dogs and has placed one with a child in the school. The school made the dog part of the school and so all the teachers who worked with the child were handlers? If anyone wants I can contact her to see how it was done.


I believe they hired a full time handler for liability reasons. The child with the service dog is not able to handle or give commands to the dog himself.


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## Aislinn (Nov 13, 2010)

I believe the school board 'hired' the dog, thereby making him an employee. His 'bosses' were the teachers and aides that worked with the autistic boy. The saddest part is Bob, the service dog, was given back to his trainer because the mother of the boy decided she wants to breed unusual color Boston Terriers and that was more important than the service dog that helped keep her autistic son calm. Bob now is waiting to find another placement to continue doing his service work. The local VA has expressed an interest in him for a veteran, but are waiting to meet my son's service dog when she gets here. I'll pick her up in about a month. I spent a week with her at our Papillon National Specialty and she is awesome. She is the German Shepherd named Demi on Monarch Canine Services on facebook. Bob is the Standard Poodle you can see on her page as well.


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## JLC44 (Jun 18, 2013)

Just to update this somewhat, the DoJ has weighed in with its position on schools and service dogs. They have released a new Frequently Asked Questions document as the last one was released in 2008. 

Americans with Disabilities Act Questions and Answers: Service Animals

*Q27. What does under control mean? Do service animals have to be on a leash? Do they have to be quiet and not bark?

* *A*. The ADA requires that service animals be under the control of the handler at all times. In most instances, the handler will be the individual with a disability or a third party who accompanies the individual with a disability. In the school (K-12) context and in similar settings, the school or similar entity may need to provide some assistance to enable a particular student to handle his or her service animal. The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal's work or the person's disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. For example, a person who uses a wheelchair may use a long, retractable leash to allow her service animal to pick up or retrieve items. She may not allow the dog to wander away from her and must maintain control of the dog, even if it is retrieving an item at a distance from her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter. The dog must be off leash to do its job, but may be leashed at other times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control.


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## ejturtle (Dec 28, 2015)

*Service Dogs in School*

My ten year old son has a new service dog. We waited since he was five to get one. Long story... not for now... 

We began the process of discussing the dog with the special education department and the elementary school a year in advance (once the puppy was born, and slated for my son). When the dog turned one, and had completed 8 months of public access training, the trainer came to school and met with the faculty and brought educational materials.

In advance, my son's one-on-one aide agreed to assist my son with the dog's daily care. To be clear, with few exceptions, my son is the one who takes the dog for breaks and walks. The Teacher's Union had issues - but, as per the norm, none of my son's teachers, teaching assistants, special education teachers, principal, or aide had ANY issues with the dog. Other teachers who had no contact with my son or dog are the one who brought the issue to the union. All "protests" have been knocked down - partly because we DID meet with special education and help them come up with a policy for service animals in advance of the school year starting.

THE REALITY - however, is that my son's teacher, special ed teacher, gym teacher, principal, aide, etc... are all dog people... and they all FIGHT for the chance to be with the dog (if my son wants to play at recess without the dog, or during gym class, etc.).

I can imagine the school having a tough time if a younger child had a service dog - because getting the union to agree to helping a child take on care tasks would be a steep challenge. Even in my school district that has proved to be very willing to work with us.

As the mom of a special needs child - I hope that other parents can not begrudge the children who have some success stories, but instead just focus on the inequities of the school districts. We live in a poor urban center, and there is not a lot of parity and equity between special needs children. As a well educated, outspoken mother - I tend to get the school to do the right thing for my son. Not all parents are as lucky. Not all students are as fortunate.

I joke about moving to the suburbs - but the truth is, our school department has been doing right by my son (for the most part) for a long time - and I don't even think a wealthier school district would do more for him.

The one thing I caution parents - following ADA strictly - don't forget that service dogs are different than therapy dogs. Therapy dogs do not have the same protections. Arguing a case about a smaller child who needs the dog in school to function - don't focus on the emotional support benefit piece only - we have seen that logic backfire for many parents. IF you are going to provide the school with any details about the services the dog provides, focus instead upon improved motor coordination, and/or elopement protection issues, etc...


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