[NAGDU] Guide dogs in school districts

[NAGDU President]

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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