Some of you think that I am preoccupied with service dogs, but I believe that this is a coming trend in special education law. Other posts in this series have described a recent Illinois case involving an injunction requiring a service dog be permitted in school and the district's appeal.
A review of recent caselaw shows a pattern of other activity. For example, Hughes ex rel DWH v. District Sch Bd of Collier County 51 IDELR 130 (M.D. Fla 9/22/8) Magistrate recommended that parent claim re denial of FAPE because of failure to provide student with a service dog be permitted to proceed. Contrast, Bakersfield City Sch Dist 51 IDELR 142 (SEA Calif 10/22/8) HO upheld IEP that failed to include a service dog as a related service where student did not need the dog to receive FAPE and where dog would be more restrictive than aide offered in IEP.
Also I forgot about this case because it turns on the exhaustion of administrative remedies. So thanks to Mitch for reminding me. In Cave ex rel Cave v. East Meadow Union free Sch Dist 514 F.3d 240, 49 IDELR 92 (2d Cir. 1/23/8) the Second Circuit rejected parents 504/ADA claims to add a service dog to student’s IEP because of failure to exhaust by first requesting a due process hearing.
By the way, I'm having some trouble with citations in the blog lately. I had a fancy add on to my browser that provides links to citations automatically, but it messes up this platform. If I haven't yet fixed it, please email me if you need a citation that gets botcher in the blogosphere.
In the meantime, please let me know if you hear of other cases involving service dogs. The tail wags the caselaw?
A review of recent caselaw shows a pattern of other activity. For example, Hughes ex rel DWH v. District Sch Bd of Collier County 51 IDELR 130 (M.D. Fla 9/22/8) Magistrate recommended that parent claim re denial of FAPE because of failure to provide student with a service dog be permitted to proceed. Contrast, Bakersfield City Sch Dist 51 IDELR 142 (SEA Calif 10/22/8) HO upheld IEP that failed to include a service dog as a related service where student did not need the dog to receive FAPE and where dog would be more restrictive than aide offered in IEP.
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Also I forgot about this case because it turns on the exhaustion of administrative remedies. So thanks to Mitch for reminding me. In Cave ex rel Cave v. East Meadow Union free Sch Dist 514 F.3d 240, 49 IDELR 92 (2d Cir. 1/23/8) the Second Circuit rejected parents 504/ADA claims to add a service dog to student’s IEP because of failure to exhaust by first requesting a due process hearing.
By the way, I'm having some trouble with citations in the blog lately. I had a fancy add on to my browser that provides links to citations automatically, but it messes up this platform. If I haven't yet fixed it, please email me if you need a citation that gets botcher in the blogosphere.
In the meantime, please let me know if you hear of other cases involving service dogs. The tail wags the caselaw?
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FYI, the Cave family ultimately won in the New York Division of Human Rights:
ReplyDeletehttp://www.nytimes.com/2008/03/11/nyregion/11deaf.html
Best, Mark Weber
Thanks for the update Mark
ReplyDeleteJim
Hello Mr. Gerl:
ReplyDeleteI'm a law student at DePaul and was wondering where I might find the opinions for the cases you reference above. I am doing a policy project on service dogs in schools for a Special Ed clinic I am involved with and would love to use these cases in my presentation. Or maybe you have access to these things, Professor Weber?
With appreciation,
J. Davis
JD,
ReplyDeleteYour law library should have access to the IDELR and LRP reporters. Also it may have access to LRP's special ed connection, an online research service. Westlaw and Lexis also might be usable.
Jim
Labradoodles are a big hit for being a service dog for all types of disablities.
ReplyDeleteTo get service dog vest and patches go online to Pup'parel.com