The US Justice Department filed suit yesterday against a public school district in upstate New York for refusing to permit a student with disabilities to attend school with her service dog unless the family pays for a dog handler to accompany the pair.
The lawsuit alleges that the Gates-Chili Central School District in Monroe County, NY, violated Title II of the Americans with Disabilities Act (ADA), which states that a public entity must permit the use of a service animal by an individual with a disability, except under specific exceptions.
The child at the center of this debate, Devyn Pereira, 8, was born with Angelman Syndrome, a rare disorder that results in developmental delays, seizures and autism. Her mother, Heather Pereira, a single mother of two, spent more than a year raising the $16,000 for Hannah, a 109-pound white Bouvier trained to perform numerous tasks for Devyn, including alerting school staff to oncoming seizures, preventing Devyn from wandering or running away, and providing support so she can walk independently.
Pereira, has spent three years trying to convince school officials to allow her daughter’s one-on-one school aide to provide periodic assistance in handling Hannah—primarily, tethering the service dog and issuing limited verbal commands. The dog is trained to last the school day without food, water or bathroom walks.
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The lawsuit requests the school district permit Devyn to act as the handler of her service dog, with assistance from school staff. It also seeks compensatory damages of about $25,000 for Pereira for the ongoing cost of the dog handler.
Announcing the suit this week, Vanita Gupta, principal deputy assistant attorney general and head of the Justice Department’s Civil Rights Division said: “Honoring an individual’s choice to be accompanied by her service animal in all aspects of community life, including at school, promotes the ADA’s overarching goals of ensuring equal opportunity for, and full participation by, persons with disabilities.” In hearing the news of the department’s decision, Pereira responded, “knowing the United States of America is not only sympathizing with our situation, but willing to take this all way to the top to fix it is an amazing feeling.” And she added, “I have so many dreams for my little girl and with the DOJ’s help, they are all within our reach. It is so exciting to think we are blazing a trail for all those that follow with service dogs.”
For more information about this lawsuit, or the ADA, call the Justice Department’s toll-free ADA Information Line at 800.514.0301 or800.514.0383 (TDD) or access its ADA website at www.ada.gov. Complaints of disability discrimination may be filed online at http://www.ada.gov/complaint/.