Michigan parents fight school to allow mobility assistance dog to go to classes with daughter with CP

From The Jackson-Citizen Patriot in Michigan:

The Jackson community helped Stacy and Brent Fry raise more than $13,000 last year for a mobility assistance dog to help their daughter, Ehlena, build her independence.

But upon the advice of a team that handles the girl's individualized special education plan, Wonder the dog will not be allowed to attend Napoleon's Ezra Eby Elementary School with Ehlena, 5, who has cerebral palsy.

The Frys, who spoke at Monday's school board meeting, say their daughter is being denied her civil rights under the Americans with Disabilities Act.

Wonder is a medically prescribed, certified service dog, they said.

Stacy Fry, 31, said she wrote a letter to Superintendent Jim Graham last spring informing him that they raised the money and would be getting a dog from 4 Paws for Ability, an Ohio-based organization.

"The school led us to believe that everything was getting put in place and that the dog would be accepted," Stacy Fry said.

School board Vice President Traci Johnson said she was first informed of the situation two days ago.

"The (Jackson County Intermediate School District) said her educational needs were being met," Johnson said at the meeting. "We really can't say any more at this point."
Richard Rendell, the ISD's director of special education, declined to comment specifically on Ehlena's case, citing confidentiality rules.

"I will tell you that Napoleon School District, like every other school district in the county, is well aware of the fact that service dogs are very useful," Rendell said.

The Frys recently elected to go to mediation, a part of the official appeal process that uses a third-party mediator from the state Department of Education to negotiate an agreement.

If the issue is not resolved, the next step is due process. After that, it would be pursued in the courts, Brent Fry said.

When asked whether this was something that should have been decided earlier, Superintendent Graham responded: "I truly don't know. I know the process is a time-consuming process."

"I know the family is probably frustrated with the outcome," he said. "Hopefully something good will come from mediation."

Rendell said the ISD is not aware of any request for any kind of service dog before this one in Jackson County schools.

He said service dogs are typically recommended for older students because they have better control over the dog. Fellow students would also be better able to resist the temptation to touch the dog, which disrupts the relationship between the animal and owner.

But Stacy Fry says students as young as kindergarten have told her what they know about Wonder and that they are not supposed to touch him.

Ehlena is already assigned an aide who helps her through school, and her parents have asked for the aide to also be the dog handler.

The dog can assist with such tasks as retrieving dropped items, opening doors and turning on lights. The aide alone promotes dependence while learning to use the dog with the aide promotes independence, Stacy Fry said.

While the law says that students who need service dogs must have access to the school, the law also states that the school does not have to care for the dog, Rendell said.

The Frys say Wonder would not cost the district anything and would not fundamentally alter the ISD's program.

Rebecca Chandler, Eby's PTO president who also addressed the board, said students and parents support the dog attending the school.

"We raised the money to purchase that dog," she said, adding that the dog would be a great educational opportunity for the other students as well.