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L.I. School Responds To Ban On Boy's Service Dog
WCBS TV NEWS ^ | 1-10-2007

Posted on 01/10/2007 8:49:45 AM PST by Cagey

CBS/AP) EAST MEADOW, N.Y. It has taken a week, but the East Meadow School District is now telling its side of the controversy involving a deaf boy who wants to bring a service dog to class.

East Meadow has prevented 14-year-old John Cave from bringing his dog Simba to the W. Tresper Clarke High School. The family has the state's Human Rights Commission looking into the case.

East Meadow Superintendent Robert Dillon says the boy's parents have "repeatedly rejected" efforts to discuss the boy's wish to bring his service dog to school.

In a statement released late Tuesday, Dillon says the district has a policy barring animals for safety and health reasons. He added that district officials determined the student does not need the service dog to access the district's programs.

Dillon said having a dog in school poses problems for those who may be allergic. He adds having an animal in a crowded hallway could be dangerous. And the presence of the dog disrupts the school's routine.

The boy's mother, Nancy Cave, said that state and federal laws say that the school district has no jurisdiction to say when a disabled person needs a service dog.

She said she has refused to meet with the district's committee on special education because they have no say about the dog. But she will discuss the animal and how it helps her son with the superintendent, alone.


TOPICS: Government; US: New York
KEYWORDS: deaf
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1 posted on 01/10/2007 8:49:48 AM PST by Cagey
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To: HairOfTheDog

Any idea what's really going on here?


2 posted on 01/10/2007 8:58:37 AM PST by Cagey
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To: Cagey
disabled person needs a service dog.

A lot of people with hearing problems would really get angry to be called disabled. Kid has a pet he wants to bring to school, get over it kid.

3 posted on 01/10/2007 9:02:31 AM PST by org.whodat (Never let the facts get in the way of a good assumption.)
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To: Cagey

I'm getting the feeling this mother is fishing for a lawsuit against the school (using current state and federal special education laws).


4 posted on 01/10/2007 9:02:58 AM PST by MissEdie (Liberalscostlives)
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To: Cagey

I know what a service dog is for the blind. What do they do for the Deaf?


5 posted on 01/10/2007 9:02:59 AM PST by SouthernBoyupNorth ("For my wings are made of Tungsten, my flesh of glass and steel..........")
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To: org.whodat

If it's a true Service Dog, it's not a pet. It's the equivalent of a Seeing Eye dog.

I work with deaf folks daily and I do admit I have a hard time seeing where a Service Dog is needed. Service Dogs are extrememly rare for the Deaf.


6 posted on 01/10/2007 9:06:54 AM PST by Crucis Country
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To: Cagey
I could see this going either way in terms of who is on the moral high ground. I don't know enough to really take a side in this particular case.

I will say, however, that one of the big problems (and expenses)of government-run schools is the inclusion of students with special needs. Blind, deaf, autistic, behaviorally challenged, you name it and the schools have to kow-tow to these kids. Bottom-line is that these kids with special needs do NOT get what they need (the teachers try but generally cannot give all that is needed) and the normal kids get put on the back-burner.

Send special kids to special schools, where special policies can be created to accomodate their special needs. Allow normal kids to make use of vouchers to go to schools that don't need to jump through all these hoops and which can just focus on teaching kids that want to learn.

7 posted on 01/10/2007 9:07:16 AM PST by ClearCase_guy (Enoch Powell was right.)
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To: Cagey

Unless his "hearing-assistance" dog can take notes for him, this seems like he merely wants his pet with him.


8 posted on 01/10/2007 9:12:05 AM PST by Triggerhippie (Always use a silencer in a crowd. Loud noises offend people.)
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To: Cagey
Go read the original article. It has a lot of info that's not covered here.
9 posted on 01/10/2007 9:12:24 AM PST by upchuck (The American coup de grāce is well on its way. Thus far, the Donks haven't had to fire a shot.)
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To: Cagey

Both sides are flexing their muscles. The mom can win here, the federal law will prevail, and you know what? It's not up to some local little bitty fish in some self important littler pond to tell her what her son needs.


10 posted on 01/10/2007 9:13:37 AM PST by Shimmer128 (My beloved is mine and I am his. Song of Solomon 2:16)
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To: Cagey

Glad to see all the physicans and PHD's giving their opinions here.....bottom line, federal law says the disabled kid can bring his dog into ANY public building. Last time I checked, public schools were public. coupla questions...can the deaf kid hear the car horn honk? the fire alarm? and on and on.


11 posted on 01/10/2007 9:24:18 AM PST by joe fonebone (Either grow a pair, or vacate your chair...)
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To: Crucis Country

"I work with deaf folks daily and I do admit I have a hard time seeing where a Service Dog is needed. Service Dogs are extrememly rare for the Deaf."

I have never heard of a service dog for the deaf. Wonder what is really going on here.


12 posted on 01/10/2007 9:26:03 AM PST by freekitty
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To: joe fonebone
.....can the deaf kid hear the car horn honk? the fire alarm? and on and on.

I'm thinking you may be on to something. If people don't object to a blind student having a helper dog then there may be no reason they can object to what this student may need.

13 posted on 01/10/2007 9:28:52 AM PST by Cagey
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To: HairOfTheDog

Ping.


14 posted on 01/10/2007 9:28:58 AM PST by #1CTYankee (That's right, I have no proof. So what of it??)
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To: joe fonebone

"can the deaf kid hear the car horn honk? the fire alarm? "

This is really an insult to the deaf, who don't need service dogs. Service dogs are for those who are blind or have some form of paralysis.


15 posted on 01/10/2007 9:30:16 AM PST by Kirkwood
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To: Crucis Country
Service Dogs are extrememly rare for the Deaf.

The dogs' lack of fingers much make learning American Sign Language very difficult for them.

16 posted on 01/10/2007 9:31:32 AM PST by CholeraJoe (Spork weasels ain't afraid of nuthin' but running out of sardines.)
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To: org.whodat
Beware of dog lovers who think with their hearts on this subject.....

http://www.freerepublic.com/focus/f-news/1762224/posts

17 posted on 01/10/2007 9:31:51 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: Cagey

I have lost over 50% of my hearing, and there are times that a dog would be very beneficial. As it is my wife has no problem telling me I just don't listen to her ;)


18 posted on 01/10/2007 9:33:18 AM PST by joe fonebone (Either grow a pair, or vacate your chair...)
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To: joe fonebone
Last time I checked, public schools were public. coupla questions...can the deaf kid hear the car horn honk? the fire alarm? and on and on.

What happens to a classmate who's deathly allergic to dogs? Who wins THAT battle?

19 posted on 01/10/2007 9:33:49 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: Shimmer128
It's not up to some local little bitty fish in some self important littler pond to tell her what her son needs.

It's not up to her to dictate to the rest of the community the terms on which they are allowed to manage their school.

If her son, who didn't have the dog until a few weeks ago, is now incapable of surviving without the dog, then she can pay to put her son in a facility that suits her notion of what he needs.

The universe doesn't revolve around her.

20 posted on 01/10/2007 9:35:53 AM PST by wideawake
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To: Kirkwood

There's more information than you realize when it comes to dogs working with deaf folks.

http://www.google.com/search?hl=en&q=%22service+dogs%22+deaf


21 posted on 01/10/2007 9:36:41 AM PST by Cagey
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To: joe fonebone
can the deaf kid hear the car horn honk?

precisely why schools have crossing guards and bus monitors.

the fire alarm?

Precisely why schools have fire wardens and fire drills - to make sure every room in the building is empty and evacuated.

And on and on.

22 posted on 01/10/2007 9:38:22 AM PST by wideawake
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To: wideawake

And the school is not allowed to micromanage what their family does to assist with their son's handicap.
I raised a guide dog pup and i'll tell you right now, there are PLENTY of self important little bureaucrats just waiting to exert their petty little influence.


23 posted on 01/10/2007 9:39:36 AM PST by Shimmer128 (My beloved is mine and I am his. Song of Solomon 2:16)
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To: Cagey
Dillon said having a dog in school poses problems for those who may be allergic. He adds having an animal in a crowded hallway could be dangerous. And the presence of the dog disrupts the school's routine.

This comment doesn't hold water. What if he was blind?? Would the same excuses work ... no. I've been following this one in my local socialist rag newsday, and although I think this kid doesn't need the dog, the administration at this school district are acting like fascists. In one of the earlier articles the superintendent stated something to the fact that parents cannot make decisions about the welfare of their children without consultation with the school district.
24 posted on 01/10/2007 9:40:18 AM PST by ccc_jr (Klaatu barada nikto)
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To: joe fonebone
The problem is that there are 2 different laws at work here. The ADA does indicate that service animals may be present in any public building, but IDEA has regulations that the student, parents, and school must follow. Under ADA the dog may be present when accompanied by a certified handler - which is 16 here in Virginia, I'm not sure what the age requirement is in NY. Under IDEA if she wants to tie this into his disability and make it part of his legal IEP documents, then she has to go through due process to get this resolved.

The mom seems to be taking an approach somewhere in between which is what is making the case murky. The most telling point to me is that the mom has not retained the services of a lawyer. If this is such an open and shut case, then I would think lawyers would be calling her to ask to represent her. If the case can be won that easily, then there is a great deal of money out there to be won in educational damages and probably some punitive.

I can tell you that in VA, he would not be allowed to enter attend school with a service dog because he is not 16 and therefore cannot be certified. Once he was/is 16, then it becomes a different issue. The reason I am so familiar with this is because I teach a wheelchair bound child who has a service dog. Her mother would very much like for the dog to attend school with her, but for right now the answer is no until the child is certified.

One thing not mentioned in this article, but in another one is that the child has a full-time assistant assigned to him to help him in the classroom with notes, lectures, and any emergencies. So the school has done what is needed for would be appropriate for the student to help him access the general curriculum.

25 posted on 01/10/2007 9:41:00 AM PST by SoftballMominVA
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To: Shimmer128
And the school is not allowed to micromanage what their family does to assist with their son's handicap.

They're not. He can canine away to his heart's content on his own time.

If they don't like the rules, petition the school board.

The school is there for all the kids, not just mommy's precious angel.

26 posted on 01/10/2007 9:42:39 AM PST by wideawake
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To: Cagey

I don't smell good. I need a Smelling Nose Dog.


27 posted on 01/10/2007 9:43:01 AM PST by Octar
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To: Cagey

If this is really a service dog, this just another case of an idiot "rules is rules" education system tyrant exercising his authority.


28 posted on 01/10/2007 9:43:26 AM PST by GadareneDemoniac
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To: All

As I understand it, the issue has almost nothing to do with whether the kid can get by without the dog in school -- obviously he's done so in the past -- it's a matter of proper continued training of the service animal. For bonding purposes, it's important that the dog spend essentially all of his time with the disabled person.


29 posted on 01/10/2007 9:44:43 AM PST by Sloth (The GOP is to DemonRats in politics as Michael Jackson is to Jeffrey Dahmer in babysitting.)
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To: Octar
I don't smell good. I need a Smelling Nose Dog.

Try this. It doesn't need to be fed or walked.

30 posted on 01/10/2007 9:45:34 AM PST by Cagey
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To: wideawake

sigh.

state and federal laws say that the school district has no jurisdiction to say when a disabled person needs a service dog.

Little fish, littler pond? Law of Petty Power? (the less power they wield, the more energetically they will use it)


31 posted on 01/10/2007 9:45:45 AM PST by Shimmer128 (My beloved is mine and I am his. Song of Solomon 2:16)
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Comment #32 Removed by Moderator

To: Octar
I don't smell good. I need a Smelling Nose Dog.

Grammar Queen Xena's prescription is that if you don't smell good, you need a shower.

Now, if you don't smell WELL . . . ;)
33 posted on 01/10/2007 9:48:50 AM PST by Xenalyte (Anything is possible when you don't understand how anything happens.)
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To: Cagey
From the thread linked at #9:

The Caves believe John and Simba must bond around the clock so that the dog can work most effectively as an assistance dog.

So that is the crux of their argument. The dog is not actually even needed at school(and As someone pointed out above, the 14-year old has a full time assistant). They just need to "bond".

Since they admit the dog is not even needed due to his "disability", I can't see them winning any court case.
34 posted on 01/10/2007 9:53:39 AM PST by NorthFlaRebel
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To: bert

And how do you come to that inelegantly phrased conclusion?


35 posted on 01/10/2007 9:56:37 AM PST by confederacy of dunces (Workin' & lurkin')
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To: Xenalyte
Grammar Queen Xena's prescription....

LOL!

36 posted on 01/10/2007 10:04:07 AM PST by Cagey
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To: merry10; dmw; RoosterRe; Cinnamon Girl; MinorityRepublican; patriot_wes; SweetCaroline; ...

Deaf/Hard of Hearing ping list
with interests in health and society


37 posted on 01/10/2007 10:04:26 AM PST by wallcrawlr
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To: Cagey

I can see that the school, in this case, is caught between a rock and a hard place. They are supposed to fulfill every need of every student and make sure none of them are ever uncomfortable.


38 posted on 01/10/2007 10:06:08 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: Xenalyte
Me: My goat was born without a nose.

You: How does he smell?

Me: Terrible!

39 posted on 01/10/2007 10:07:35 AM PST by Octar
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Comment #40 Removed by Moderator

To: Puppage
What happens to a classmate who's deathly allergic to dogs? Who wins THAT battle?

It would be just a much of a problem with a seeing eye dog, no?

Dog dander and hair is everywhere anyway. On the clothing, in the hair, etc, of every student who has a dog at home.

I imagine scheduling could, in most cases, assure that at leas the allergic kid and the blind/deaf kid don't have the same class at the same time. Unless both are say in AP Math or Science class of which there is often only one.

41 posted on 01/10/2007 10:09:00 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Shimmer128
there are PLENTY of self important little bureaucrats just waiting to exert their petty little influence.

When you are dealing with a public school, however, there may be other health considerations, e.g. allergies of other pupils.

It's not always the bureaucrats trying to exert their petty little influence. It's sometimes the bureaucrats trying to fulfill too many conflicting requirements.

42 posted on 01/10/2007 10:10:27 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: freekitty

http://www.dogsforthedeaf.org/


43 posted on 01/10/2007 10:10:35 AM PST by dmw (Aren't you glad you use common sense, don't you wish everybody did?)
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To: MEGoody

Uh huh, and what would a school do if a blind student had a service dog???
this would be one of those "endangered animal eating an endangered plant" type of scenarios.


44 posted on 01/10/2007 10:13:07 AM PST by Shimmer128 (When moderators aren't anonymous bullies, I'll consider donating again)
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Comment #45 Removed by Moderator

To: wallcrawlr; bert
I wouldn't get too upset about bert's post. After reading the following sentence he so skillfully composed, the rest of us may realize bert is somewhat defective in the education department.

bert:"He is handicapped beyond mainstream and should be in a schools for the deaf.

46 posted on 01/10/2007 10:14:04 AM PST by Cagey
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To: SouthernBoyupNorth

translate


47 posted on 01/10/2007 10:14:04 AM PST by Robert DeLong
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To: bert

Wow! Did you have to go to school to become that insensitive?? Honestly, you should be ashamed of yourself.


48 posted on 01/10/2007 10:14:51 AM PST by Millee (Tagline free since 10/20/06)
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Comment #49 Removed by Moderator

Comment #50 Removed by Moderator


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