[nagdu] Guide Dogs at School

Steven Johnson blinddog3 at charter.net
Sun Dec 11 19:58:48 UTC 2011


Janice,
They are the Disability Business and Technical Assistance Centers found in
various regions throughout the country.  I believe that they have changed
their names as of recent, and are really a good civil rights resource not
only dealing with the ADA, but other Civil Rights laws.  

I acknowledge that there may have been previous questionable information
provided in the past by some DBTAC's, but I  have worked with ours here in
the Great Lakes region for the past 15 years or more, and turn to them often
as a reputable and knowledgeable resource.  In particular, I find that in
many trainings I have attended over the years, it was not just the DBTAC
presenting, but other entities as well which provides for more credibility
of the information provided.  From my personal and professional viewpoint,
the information I have acquired is solid, and I do turn to them yet today
and have recently teamed with them for a Service Dog Seminar conducted by
our WAGDU division in the fall of 2010.  Again, this is my experience and I
can only encourage you to each access the sources of information you trust.

Steve


-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Janice Toothman
Sent: Friday, December 09, 2011 12:36 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Guide Dogs at School

what government office is DBTAC?
Janice and Destiny

On 12/9/2011 1:09 PM, Marion Gwizdala wrote:
> Steve,
>    Unfortunately, some of the information that many post secondary 
> schools are using to base their service animal policies is based upon 
> incorrect information disseminated by a DBTAC The attorney that once 
> assisted NAGDU with another issue involving a plasma donation site is 
> now working in the Education Division of the department of Justice. 
> She is very interested in resolving some of these issues for us.
>
> Fraternally yours,
> Marion
>
>
> ----- Original Message ----- From: "Steven Johnson" 
> <blinddog3 at charter.net>
> To: "'NAGDU Mailing List, the National Association of Guide Dog 
> Users'" <nagdu at nfbnet.org>
> Sent: Thursday, December 08, 2011 8:52 PM
> Subject: Re: [nagdu] Guide Dogs at School
>
>
>> Cindy,
>>
>> You are right as college dormitories are not necessarily covered 
>> under the
>> Fair Housing Act, but rather ADA Title III or II depending on certain
>> factors.  For instance, a college that receives Federal dollars i.e. 
>> Federal
>> Student Financial Aid, then ADA Title II/Section 504 of the Rehab 
>> would kick
>> in.  I am not an expert believe me although I have had lots of ADA and
>> related Civil rights training.  For clarification, I would go 
>> directly to
>> the experts and in this case, either HUD Fair Housing First, or the ADA
>> Help-Line which I tend to use the DBTAC which has now changed it's name.
>>
>>
>> HTH,
>>
>> Steve
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Cindy Ray
>> Sent: Thursday, December 08, 2011 7:31 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Guide Dogs at School
>>
>> Yeah, but at the end of that last message indications were that ADA 
>> covers
>> some shelters and educational housing, didn't it?
>>
>> Cindy
>>
>> On Dec 8, 2011, at 7:15 AM, Steven Johnson wrote:
>>
>>> Hi Mark,
>>> I am not 100% certain here, but in my past ADA and other civil rights
>>> trainings, somewhere in the back of my mind I recall that resident 
>>> housing
>>> is considered transient lodging and therefore not covered under the 
>>> Fair
>>> Housing Amendments Act.  I would consult with your DBTAC to verify 
>>> this;
>>> 1-800-949-4232.  The best to you,
>>>
>>> Steve
>>>
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>>> Behalf
>>> Of Mark J. Cadigan
>>> Sent: Wednesday, December 07, 2011 12:21 PM
>>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>>> Subject: Re: [nagdu] Guide Dogs at School
>>>
>>> We all collectively know it is BS, and proceed anyway, that is in my
>> opinion
>>>
>>> the definition of insanity, however it will keep me from getting 
>>> harassed
>> by
>>>
>>> the SUPD. The school's legal department says it is legal, so that is 
>>> what
>>> the police department goes with. If you can get me some documentation
>>> demonstrating what we all know that it is a violation, I can see it 
>>> gets
>> to
>>> people with the power to change this rule, but until then, it's 
>>> something
>> we
>>>
>>> just have to deal with.
>>>
>>>
>>>
>>> Sometimes, you got to do what makes your life easier, and let 
>>> someone else
>>
>>> fight the battles. Someone with the time and qualifications to do it
>>> properly.
>>>
>>>
>>>
>>> ----- Original Message ----- From: "Marion Gwizdala" 
>>> <blind411 at verizon.net>
>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>> <nagdu at nfbnet.org>
>>> Sent: Wednesday, December 07, 2011 8:26 AM
>>> Subject: Re: [nagdu] Guide Dogs at School
>>>
>>>
>>>> Mark,
>>>>   Sometime doing something in the interest of harmony creates bigger
>>>> issues in the long run. For instance, If we present documentation to a
>>>> restaurant manager who requests it from us, what would happen if 
>>>> someone
>>>> else, either not possessing the documentation or unwilling to 
>>>> compromise
>>>> their civil rights, refuses to do so? The end result would be
>>>> discrimination, so harmony has not been created. I believe the best
>> option
>>>
>>>> is to educate them on the law, not placate their violation of our 
>>>> civil
>>>> rights. JMHO!
>>>>
>>>> Fraternally yours,
>>>> Marion
>>>>
>>>>
>>>>
>>>> ----- Original Message ----- From: "Mark J. Cadigan" 
>>>> <kramc11 at gmail.com>
>>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>>> <nagdu at nfbnet.org>
>>>> Sent: Wednesday, December 07, 2011 7:57 AM
>>>> Subject: Re: [nagdu] Guide Dogs at School
>>>>
>>>>
>>>>> So far, I am not having any problems.
>>>>>
>>>>>
>>>>>
>>>>> I provided them with the documentation requested in the interest of
>>>>> harmony and good working relations. Even though we all know, 
>>>>> including
>>>>> the office, that it is not worth the paper it is printed on.
>>>>>
>>>>>
>>>>>
>>>>> ----- Original Message ----- From: "Marion Gwizdala" 
>>>>> <blind411 at verizon.net>
>>>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>>>> <nagdu at nfbnet.org>
>>>>> Sent: Tuesday, December 06, 2011 9:59 PM
>>>>> Subject: Re: [nagdu] Guide Dogs at School
>>>>>
>>>>>
>>>>>> Mark,
>>>>>>   There are parts of this policy that seem to be noncompliant 
>>>>>> with the
>>>>>> ADA, such as the requirement to present documentation and notify the
>>>>>> police department. We are working with a DOJ attorney in the 
>>>>>> Office of
>>>>>> Civil Rights Education Sector to get better guidance on this 
>>>>>> issue. It
>>>>>> seems as if there has been some misinformation disseminated to some
>>>>>> educational institutions that is causing some challenges here.
>>>>>>   As for housing, the Fair Housing Act is the law in effect for 
>>>>>> campus
>>>>>> housing. If you have any challenges, please feel free to get in 
>>>>>> touch
>>>>>> with me.
>>>>>>
>>>>>> Fraternally yours,
>>>>>> Marion Gwizdala
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> ----- Original Message ----- From: "Mark J. Cadigan" 
>>>>>> <kramc11 at gmail.com>
>>>>>> To: "NAGDU Mailing List, the National Association of Guide Dog 
>>>>>> Users"
>>>>>> <nagdu at nfbnet.org>
>>>>>> Sent: Tuesday, December 06, 2011 8:36 PM
>>>>>> Subject: [nagdu] Guide Dogs at School
>>>>>>
>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Due to the recent discussion about reasonable accommodations I 
>>>>>>> thought
>>
>>>>>>> I would ask the list's thoughts on a recent discussion I have 
>>>>>>> just had
>>
>>>>>>> with my schools ODS office.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Although I haven't posted on this list in a long time, as many 
>>>>>>> of you
>>>>>>> may know, I was considering getting a guyed dog. Well, I have 
>>>>>>> finely
>>>>>>> been accepted, and I will be receiving a dog from Fidelco on 
>>>>>>> January
>> 3.
>>>
>>>>>>> Because I live in the dorms on campus, I informed the Suffolk ODS
>>>>>>> office about my getting a guide dog. And, hear is a few excerpts 
>>>>>>> from
>>>>>>> there service dog policy. For the entire policy you can visit
>>>>>>> http://www.suffolk.edu/studenthandbooks/47571.html.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Requirements of Service Animals and Their Partners
>>>>>>>
>>>>>>> Training: To be present on campus, a service animal must be
>>>>>>> specifically trained to do work or perform tasks for the benefit 
>>>>>>> of an
>>
>>>>>>> individual with a disability.(no problem so far) Evidence of
>> successful
>>>
>>>>>>> completion of a recognized licensing or certification program for
>>>>>>> service animals, or a letter documenting the training, is required.
>>>>>>> (What does that mean?) A copy of the proof of certification 
>>>>>>> should be
>>>>>>> filed with the Disability Services Office (for CAS and SBS 
>>>>>>> students),
>>>>>>> the Dean of Students Office (for Law Students) or Human Resources
>>>>>>> Office (for faculty/staff/administrators). Visitors or guests 
>>>>>>> may be
>>>>>>> required to provide documentation to the Suffolk University Police
>>>>>>> Department.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> I am not a lawyer, but does that line up with the ADA?
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Note - Suffolk University will consider, on a case-by-case basis,
>>>>>>> requests by students who reside in residence halls for a service
>>>>>>> animal, including a dog or other animal, to reside in the residence
>>>>>>> hall. Please direct such requests to the Office of Disability 
>>>>>>> Services
>>
>>>>>>> at least 30 days prior to the date the animal is expected to be in
>>>>>>> residence.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> This sounds like they want the authority to refuse acksess to some
>>>>>>> service animals that don't meet with the ODS stamp of approval.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> On a different note, is on campus housing at a college covered 
>>>>>>> under
>>>>>>> the ADA, or the fare housing acksess act, or some other law I don't
>>>>>>> know about?
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Mark J. Cadigan
>>>>>>> Electrical Engineering Department
>>>>>>> Suffolk University
>>>>>>> kramc11 at gmail.com
>>>>>>>
>>>>>>>
>>>>>>>
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>>>>>>
>>>>>>
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>>>>>
>>>>>
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>>
>>>>
>>>>
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>
>
>
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