Almost every day that I am at work, I wish we had an office dog or cat. Not because I require one to work, but because they simply make dealing with the day to day stress easier. Who wouldn’t smile when seeing a goofy mutt lumbering down the hallway, or popping in the office looking for treats?
For some, having a dog as a service animal is imperative from the minute they wake up until the time they go to sleep. Service dogs have long been viewed as welcome in offices, malls and governmental buildings without most people giving it much thought. However, for a young student in Napoleon, MI, her fight to bring her service dog to school has gone all the way to the US Supreme Court.
Ehlena Fry, who was just 8 years old at the time the legal issues began, has cerebral palsy. She also has a now mostly retired Goldendoodle, named “Wonder,” who her parents desired accompany her while in school as a trained service dog. At first, Napoleon Community Schools said bringing the dog was a no go, but then allowed him to accompany her in the classroom on a trial basis. However, while Wonder was permitted in the building, he could not go with Ehlena for recess, lunch, or activities out of the classroom, which essentially rendered him fairly useless.
Ehlena’s parents sued the principal at the time, Pamela Barnes, the county’s intermediate school district and the school directly at the heart of the conflict, Napoleon Community. Ruling that the family had to jump through the hoops of an administrative hearing before filing suit, the lower court and the court of appeals dismissed the lawsuit. Fortunately for the Frys, the US Supreme Court has agreed to hear the case, and determine if administrative hearings are a necessary first step before heading to the courthouse.
There are a lot of strong supporters on Ehlena’s side, and I think there should be. The American Civil Liberties Union is representing the family; the Office of Civil Rights has determined that Ehlena’s rights under the Americans with Disabilities Act were infringed upon, and President Obama disagrees with the courts’ rulings thus far.
In these situations, administrative hearings delay a student’s ability to have access to his or her service dog while in school, which can be extremely detrimental to the safety and well-being of the child. A cooperative relationship between parents and schools is ideal, but at times, the forced use of administrative remedies causes more harm than good.
Not surprisingly, Ehlena now attends school in Washtenaw County. Hopefully her story will have an enormous impact and will push forward rights of access for all special needs students.
For some, having a dog as a service animal is imperative from the minute they wake up until the time they go to sleep. Service dogs have long been viewed as welcome in offices, malls and governmental buildings without most people giving it much thought. However, for a young student in Napoleon, MI, her fight to bring her service dog to school has gone all the way to the US Supreme Court.
Ehlena Fry, who was just 8 years old at the time the legal issues began, has cerebral palsy. She also has a now mostly retired Goldendoodle, named “Wonder,” who her parents desired accompany her while in school as a trained service dog. At first, Napoleon Community Schools said bringing the dog was a no go, but then allowed him to accompany her in the classroom on a trial basis. However, while Wonder was permitted in the building, he could not go with Ehlena for recess, lunch, or activities out of the classroom, which essentially rendered him fairly useless.
Ehlena’s parents sued the principal at the time, Pamela Barnes, the county’s intermediate school district and the school directly at the heart of the conflict, Napoleon Community. Ruling that the family had to jump through the hoops of an administrative hearing before filing suit, the lower court and the court of appeals dismissed the lawsuit. Fortunately for the Frys, the US Supreme Court has agreed to hear the case, and determine if administrative hearings are a necessary first step before heading to the courthouse.
There are a lot of strong supporters on Ehlena’s side, and I think there should be. The American Civil Liberties Union is representing the family; the Office of Civil Rights has determined that Ehlena’s rights under the Americans with Disabilities Act were infringed upon, and President Obama disagrees with the courts’ rulings thus far.
In these situations, administrative hearings delay a student’s ability to have access to his or her service dog while in school, which can be extremely detrimental to the safety and well-being of the child. A cooperative relationship between parents and schools is ideal, but at times, the forced use of administrative remedies causes more harm than good.
Not surprisingly, Ehlena now attends school in Washtenaw County. Hopefully her story will have an enormous impact and will push forward rights of access for all special needs students.
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