Wyatt Employment Law Report

U.S. Department of Justice’s Civil Rights Division Rules that School District Staff Must Assist Student with Handling of Service Dog

Leave a comment

By Jason A. Lopp

On April 13, 2015, the U.S. Department of Justice’s Civil Rights Division issued a ruling stemming from an investigation of the Gates-Chili Central School District (DJ No. 204-53-128) located in Rochester, New York. A complaint was filed against the school district by the parent of a student attending elementary school in the District. According to the ruling, the complaint alleged that the District refused to permit the child’s service dog, who is trained as a seizure alert dog, in school unless the parent provided a separate, full-time, adult handler. Due to the student’s physical limitations, she required intermittent assistance in tethering and untethering the dog and with vocalizing a limited number of commands. While it appears that the District provided a 1:1 aide for the child, the aide was not authorized to assist with the service animal and was not provided for all school-related activities, such as on the bus.

The U.S. DOJ found that providing the requested assistance to the student “falls well within the range of support and assistance that school staff provides to young children day in and day out. Accordingly, the District must reasonably modify its current ‘hands off’ policy” with respect to the service dog. The full decision can be found here, and is an interesting and important read for all school districts and similarly situated entities governed by Title II of the ADA.

Leave a reply. Please note that although this blog may be helpful in informing clients and others who have an interest in information privacy and security, it is not intended to be legal advice. The information on this blog also should not be relied upon to form an attorney-client relationship.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s