[NAGDU] Guide dogs in school districts

Thu Feb 9 19:14:57 UTC 2017

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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