[NAGDU] Guide dogs in school districts

Buddy Brannan buddy at brannan.name
Sat Feb 11 02:29:05 UTC 2017


I haven't, but I'm thinking of other cases where students (often younger students however) have had issues with schools not allowing their service dogs because they weren't in their plan. It's been a while since I've seen these things and I've slept since then.

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




> On Feb 10, 2017, at 9:24 PM, Cindy Ray via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Buddy, have you researched this? Marion says it doesn't. I don't see much
> point in complicating this unless you actually know this. Even so, you may
> have to have in the IEP that the dog is going to be there, but you sure
> don't have to write that other stuff in there I think, like leaving class
> early, and on and on. 
> Cindy Lou Ray
> cindyray at gmail.com
> 
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan via
> NAGDU
> Sent: Friday, February 10, 2017 8:20 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> <nagdu at nfbnet.org>
> Cc: Buddy Brannan <buddy at brannan.name>
> Subject: Re: [NAGDU] Guide dogs in school districts
> 
> 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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>> 
>> 
>> 
>> 
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