[Njagdu] New Jersey School District to Adopt Service Animal Policies and Pay Fine to Resolve Justice Department Investigation

[Ginger Kutsch]

New Jersey School District to Adopt Service Animal Policies and Pay Fine to
Resolve Justice Department Investigation

June 24, 2014

Source:
http://www.enewspf.com/latest-news/law-and-order/federal-and-international/5
3937-new-jersey-school-district-to-adopt-service-animal-policies-and-pay-fin
e-to-resolve-justice-department-investigation.html

 

Washington, DC-(ENEWSPF)-June 24, 2014. The Justice Department announced
today that it reached a settlement with the Delran Township School District
in New Jersey under Title II of the Americans with Disabilities Act (ADA).
The agreement resolves allegations that the school district violated the ADA
by refusing to allow a student with autism and encephalopathy to have his
service dog in school or at school-related activities.  The service dog
alerts to the student's seizures, provides mobility and body support and
mitigates the symptoms of his autism. 

 

The department found that the student's mother spent six months responding
to burdensome requests for information and documentation, and still the
school district refused to allow the student to be accompanied by his
service dog.  Despite her efforts, the student was even prevented from
bringing his service dog with him on the bus for his school's end of the
year field trip.  Instead, his mother followed the school bus with the
service dog in her car.

 

Title II of the ADA prohibits discrimination on the basis of disability in
public schools.  Under the ADA, public schools must generally modify
policies, practices or procedures to permit the use of a service dog by a
student with a disability at school and school-related activities.  Because
service dogs must be under the control of a handler, students often act as
the handler of their own service dog; when that is not possible, the family
may provide an independent handler, as the family offered to do here. 

 

The school district worked cooperatively with the department throughout the
investigation.  Under the agreement, the school district will pay $10,000 to
the family to compensate them for the harm they endured as a result of the
school district's actions.  In addition, the school district will adopt an
ADA-compliant service animal policy and provide training to designated staff
on the school district's obligations under Title II of the ADA, including
requirements related to service dogs.

 

"The old view of service animals working only as guide dogs for individuals
who are blind has given way to a new generation of service animals trained
to perform tasks that further autonomy and independence for individuals with
a myriad of disabilities , " said Acting Assistant Attorney General Jocelyn
Samuels for the Civil Rights Division.  "The Civil Rights Division will
vigorously enforce the ADA to ensure that students who use service animals
have a full and equal opportunity to participate in all school activities
with their peers."

 

Enforcing the ADA is a top priority of the Civil Rights Division.  Those
interested in finding out more about this settlement or the obligations of
public entities schools under the ADA may call the department's toll-free
ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access the
ADA website.  ADA complaints may be filed by email to
ada.complaint at usdoj.gov.

 

The Civil Rights Division would like to thank the U.S. Attorney's Office for
the District of New Jersey for their assistance in this matter.

 

Source: justice.gov

 

 

 

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