[NAGDU] Guide dogs in school districts

Thu Feb 9 15:57:55 UTC 2017

Marion,
Thank you for replying to my email. I knew that this was wrong but I was getting stuck on the issue of liability. I passed your email Along to my friend with my original email included so that she had what I said just to be sure that I laid everything out correctly. She said that she had not thought about contacting you guys regarding this issue.
 I do not know if she will be contacting you or not but I just wanted to let you know that I did receive your message and that I passed it along.

Thanks again, 
Nancy

Sent from my iPhone

> On Feb 9, 2017, at 9:06 AM, NAGDU President via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Nancy,
> 
>    The short answer to your question is that public schools are Title
> II entities. Title II of the Americans with Disabilities Act requires
> entities to modify their policies, practices, and procedures to allow an
> individual with a disability the right to be accompanied by a service dog
> unless doing so creates a direct threat, defined as a significant risk to
> the health or safety of others that cannot be eliminated by a modification
> of policies, practices, or procedures, if the dog is not housebroken, or if
> the dog is out of control and the handler does not take immediate, effective
> measures to correct the behavior. . The argument that the presence of the
> dog is a liability issue would need to be demonstrated by objective
> evidence; it cannot be assumed to be so. 
> 
>    I would be happy to discuss this issue with the person involved to
> offer guidance on how to advocate for themself and, if needed, to intervene
> as anadvocate for them. My contact information is below my signature, if you
> or the person wishes to discuss this further.
> 
> Fraternally yours,
> 
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc. (NAGDU)
> National Federation of the Blind
> (813) 626-2789
> President at NAGDU.ORG
> 
> 
> The National Federation of the Blind knows that blindness is not the
> characteristic that defines you or your future. Every day we raise
> expectations because low expectations create barriers between blind  people
> and our dreams. You can live the life you want! Blindness is not what holds
> you back.
> 
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Nancy VanderBrink
> via NAGDU
> Sent: Thursday, February 9, 2017 8:10 AM
> To: Nancy VanderBrink via Nagdu
> Cc: Nancy VanderBrink
> Subject: [NAGDU] Guide dogs in school districts
> 
> Good morning all,
> 
> I come before your collective wisdom to put before you a question of access
> versus liability.
> 
> A friend of mine is working on getting her bachelors degree in special
> education and wants to eventually move into my states TVI preparation
> program.  What is interesting is that rather than her being able to do her
> student teaching in a  school that is on a bus line and that is also
> relatively close to her university has nothing to do with the fact that
> other students from her class are in these schools, as we thought.
> Rather, it has to do with the fact that the superintendent of the school
> district said that he did not want a guide dog in his school district.
> What is interesting to me is that I am a service provider working with a
> contractor that provides services in the school district. I serve students
> in this district twice a month. I have had no problems with administration
> or staff or students.
> So, I am thinking that this comes down to a matter of liability and that it
> is different because I do not work for the school district.  I am not an
> independent contractor, rather I work for an agency that contracts with the
> school district-and I just so happen to have a guide dog.  
> 
> So what I am thinking is that they, meaning the district, could say to a
> potential employee 'we do not want you here because you have a guide dog'
> but they cannot say that to me because I work for the agency they contracts
> with and they cannot say to them that they do not want me as an employee of
> that other agency in their school district.
> 
> So, essentially what I am getting down to is that this sounds like a
> violation of this university students right to access. What I am wondering
> is are they able to get away with this legally because they are dealing with
> the premise of liability and the potential liability for the district if
> that students dog were to bite a child.
> 
> I believe I have heard other stories on this list of people that have had
> similar issues but I wondered if your collective wisdom knew of anything
> that I could pass along to the student.
> 
> Thanks,
> Nancy
> 
> Sent from my iPhone
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