ACLU joins fight for Michigan girl to have her mobility assistance dog in school

From the Jackson Citizen Patriot in Michigan:

The American Civil Liberties Union of Michigan said Jan. 21 that Napoleon Community Schools is breaking the law by not allowing a 5-year-old student with cerebral palsy to attend school with her mobility assistance dog.

The organization sent a four-page letter to Superintendent Jim Graham, Ezra Eby Elementary School Principal Pam Barnes and Richard Rendell, director of special education for the Jackson County Intermediate School District, requesting a meeting to "resolve this matter, rather than pursue costly and time consuming litigation."

"To force a 5-year-old girl with cerebral palsy to choose between her independence and her education is not only illegal, it is heartless," said Michael J. Steinberg, ACLU of Michigan legal director. "For 20 years, the Americans with Disabilities Act has ensured that individuals with disabilities are guaranteed the same rights and access as everyone else, a value that seems to be lost on the Napoleon school district."

The district has not allowed Wonder, a medically prescribed, certified service dog, to attend school with Ehlena Fry based on the recommendation of an 11-member team who handles her individualized special-education plan.

"Through the IEP process, the team concluded that Ehlena's educational needs were being met with the full-time aide that she had on a daily basis," Graham said Thursday.

Ehlena's parents disagreed with that decision, Graham said, and both they and the district agreed to attend mediation, a part of the official appeal process that uses a third party from the state Department of Education to negotiate an agreement.

A mediation session is scheduled for Monday. If the issue is not resolved, the next step is due process. After that, it would be pursued in the courts.

Napoleon, which pays for Ehlena's aide, is trying to be a good steward for Ehlena while keeping good relations with the community, Rendell said.

"I think that both parties have Ehlena's welfare at heart," he said. "There just happens to be a little bit of a difference of opinion."

Rendell said while the law allows service dogs in public areas, classrooms are generally not considered public. The gym and lunch room, when utilized for public events, as well as the school office are considered public areas, he said.

The district has allowed Wonder to come into the school when Ehlena is dropped off and picked up, he said.

The ACLU of Michigan argues that prohibiting Ehlena from using the dog in her academic environment, which will be part of her daily routine for the next 12 years, "frustrates her ability to become an independent member of the community," the letter read.

Stacy Fry, Ehlena's mother, said the dog has seizure training but has not been specifically trained to alert to Ehlena's seizures.

Wonder can help her balance, pick up dropped items, open and close doors, and turn lights on and off. But their relationship suffers when he stays at home, Fry said.

The community helped the Frys raise more than $13,000 last year to get Wonder for their daughter from 4 Paws for Ability, an Ohio-based organization.

Fry said some have called Ehlena's ability to handle the dog into question because of her age. But her mother says she has offered to train someone to handle Wonder in school, or even handle the dog herself.

"I think she's too young to have a disability, but I didn't have that choice," Fry said. "But she has the right to have these tools to help her be more independent."

Fry said the ACLU of Michigan contacted her about the situation.

"The ACLU performs a valuable service within this country," Rendell said. "If they feel that it's an issue and they can demonstrate to the school that the team decision is a wrong decision, then the team is more than willing to reconsider."