[NAGDU] Guide dogs in school districts

Sat Feb 11 02:20:27 UTC 2017

It *might* need to be in the IEP. Seems service dogs for students fall under a different set of regs, at least, that's what I've read anyway, i.e. not the ADA, and they may need to be part of the education plan even though they aren't educational exactly. Kinda dumb, but there it is. ... 

--
Buddy Brannan, KB5ELV - Erie, PA
Phone: 814-860-3194 
Mobile: 814-431-0962
Email: buddy at brannan.name

> On Feb 10, 2017, at 9:17 PM, Wayne & Harley via NAGDU <nagdu at nfbnet.org> wrote:
> 
> *Hello Ms. Nancy,
> The student's Guide Dog does not need to go into his IEP at all. Since the Guide Dog is not an academic accommodation that the school is providing to the student in question. Providing extra travel time between classes, is a very good idea. it was an accommodation my district made for me when I was in high school. I was not a Guide Dog Owner at the time. It need not be in the IEP, but the school and staff enforcing the "Ignore the dog" rule is an extremely good idea.  I also like your idea about the student giving a short presentation to the staff, but would also suggest, if at all possible for the student to also give a similar presentation to the entire student body. Just so that everyone is clear bout the Team's rules of engagement.
> The ADA, not the Rehabilitation Act, is the law that applies in this student's situation.
> I hope this helps.
> 
> Wayne And Harley
> *On 2/9/2017 1:14 PM, Ann Edie via NAGDU wrote:
>> Hi, Marion,
>> 
>> Since the guide dog user in question is seeking employment within a school
>> district, wouldn't that case be covered under the anti-discrimination
>> provisions of the Rehabilitation Act? Or would both the ADA and the
>> Rehabilitation Act apply?
>> 
>> While we're on the topic of guide dog use in schools--
>> I have recently been approached by a TVI about planning for a high school
>> student who will be going for guide dog training this summer and returning
>> to high school next year. The TVI wants to know what provisions to put in
>> the student's IEP concerning use of the guide dog in school. She is thinking
>> of putting in such stipulations as the following: 1) The student will be
>> permitted to leave classes to travel to the next class 5 minutes early; 2)
>> the guide dog shall accompany the student during all activities and
>> locations during the school day, including lunch, physical education, and
>> after-school activities; and the student will have notice of times of the
>> first few fire/emergency drills so that they can practice procedures with
>> the guide dog. My first reaction to this  is to suggest to the TVI that she
>> think of the guide dog in the same way that she would think of a
>> mobility-impaired student's wheelchair, That it is assumed that the device
>> will be used everywhere within the school setting, and that if any special
>> arrangements need to be made, that the user should be the one to
>> initiate/request them after they receive instruction in the use and care of
>> the guide dog from the training program. My suggestion would be for the
>> student to make a presentation to the teachers/administration of the school
>> after receiving training, at or before the start of the new school year,
>> explaining how the guide dog will be used and making it clear that the guide
>> dog user is fully responsible for the dog and its behavior. The student
>> should emphasize that everyone else, students and staff, is to ignore the
>> guide dog and not interfere with its use. If any alterations of procedure
>> are required, such as leaving class early or special provisions during fire
>> drills, that it is the student who should initiate discussion of these needs
>> and possible solutions. The student and/or administrators may want to make
>> presentations to groups of students--the student's classmates or larger
>> groups--to explain guide dog etiquette at the beginning of the school year.
>> I believe that the school administrators' responsibility is to enforce the
>> rule that others ignore the dog and not interfere with its use, and to
>> otherwise facilitate the student's independent travel and responsibility
>> with respect to the guide dog. If anyone is experiencing a problem with
>> respect to the behavior or use of the guide dog, such as the guide dog
>> sniffing or licking other students who may be allergic or fearful of dogs,
>> that these issues should be brought directly to the attention of the guide
>> dog user and solutions found through discussion among the guide dog user,
>> the affected persons, and school staff. I think the guide dog training
>> program may provide the student with some educational materials on how guide
>> dogs are used within schools for the student to share upon their return to
>> school. Do you know of any Q/A pamphlets or on-line materials that explain
>> school district roles and responsibilities with regard to guide dog use by
>> students under the ADA, Rehabilitation Act, and IDEA? I know that school
>> districts often bring up issues of liability and possible allergy issues of
>> other students or staff. Is there case law or other official information
>> about how these issues should be handled?
>> 
>> Sorry for all the questions, but I want to give this teacher the best
>> possible information to help the student be successful and make the
>> experience a positive one for the school community.
>> 
>> Ann
>> 
>> -----Original Message-----
>> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of NAGDU President
>> via NAGDU
>> Sent: Thursday, February 09, 2017 8:05 AM
>> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
>> Cc: NAGDU President
>> Subject: Re: [NAGDU] Guide dogs in school districts
>> 
>> 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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