Guide Dogs and Miniature Horses: A Review of the Title II Amendments and Your ADA Responsibilities When it Comes to Service Animals

Transcription

1 Guide Dogs and Miniature Horses: A Review of the Title II Amendments and Your ADA Responsibilities When it Comes to Service Animals Suzy Harris, Attorney at Law Law office of Suzy Harris Winston Cornwall, Civil Rights Specialist Oregon Department of Education Scott Schinderle, Executive Director of Student Services Hillsboro School District COSA October 7, 2011

2 First, a bit of context This is a service animal. This is a miniature horse.

3 And in the news Service animal rule affects Hillsboro March 21, 2011 The Hillsboro School District has agreed to allow an autistic student to bring his dog to class under pressure from the U.S. Department of Justice and U.S. Attorney for Oregon. The case made national headlines after Disability Rights Oregon filed a civil rights complaint under the Americans with Disabilities Act (ADA)

4 New ADA Title II Regulations Effective 3/15/11 Apply to public entities including schools Must modify policies to allow people with disabilities to use service animals Note: This is not about FAPE.

5 What is a service animal? A dog That is individually trained To do work or perform tasks for the benefit of an individual with disabilities. Directly related to the individual s disability

6 Examples of work in the ADA Title II regulations: Navigation for individuals who are blind Alerting individuals who are deaf to sounds or presence of others Pulling a wheelchair Assisting during a seizure Retrieving items Providing balance and stability to an individual with a motor impairment Preventing or interrupting impulsive or destructive behavior

7 Individual s disability may be Physical Sensory Psychiatric Intellectual Other mental

8 A service dog must be. Under the handler s control Housebroken On a harness, leash or tether unless Interferes with work Handler cannot use due to disability

9 A public entity may. Ask two questions: if the animal is required because of a disability what work or task the animal has been trained to perform Remove the animal from the premises if: The animal is out of control and the handler does not effective action to control it The animal is not housebroken

10 A public entity may not: Require documentation of training (e.g. certificate, license) Require an extra payment

11 A public entity Is not responsible for the care or supervision of a service animal

12 Miniature horses Mostly the same May consider whether the public entity can accommodate the type, size and weight of the miniature horse May consider legitimate safety requirements

13 A recent case from California C.C. v. Cypress School District (6/13/11) 6 year old with autism, nonverbal, runner, etc. Placed in special class, 2:1 ratio Paired with Eddy, dog trained by Autism Service Dogs of America Eddy trained to interrupt or prevent impulsive or destructive behavior, like running. District refused to allow Eddy at school

14 Main Question Whether school district discriminated under Title II of the ADA by failing to make reasonable accommodations for the student that would not fundamentally alter the nature of the school s program by refusing to allow Eddy at school.

15 District s position Eddy a comfort animal not a service animal Eddy would impede student s educational progress & independence Impact on other students (possible aggression, etc.)

16 Court found likelihood of success Is Eddy a service dog? YES Would allowing Eddy at school fundamentally alter the school s program? NO District not responsible for care or supervision of Eddy Impact on other students not sufficient concerns

17 Impact on student s education largely irrelevant Eddy s efficacy in helping Plaintiff reach his educational goals is a different matter from whether Defendants are discriminatory by not allowing Plaintiff to bring Eddy to school. Student s progress in the program without the dog does not justify exclusion.

18 And finally Protecting the rights of individuals with disabilities clearly services the public interest. The ADA extends this protection to individuals who use service animals. Plaintiff, due to his autism, is an individual protected by the ADA, and the public interest is served by protecting his rights and allowing him to bring his service animal to school.

19 Updated ODE Section 504 Manual includes Sample Policy & Procedure for handling requests for students to bring service animals to school. Review Apply/adapt Debrief