There have recently been a number of lawsuits regarding service dogs, particularly in the schools. Most recently, the parents of a four-year-old with fetal alcohol syndrome have sued their North Carolina school district because it won’t allow their child to have his service dog in school. http://www.postandcourier.com/news/2011/mar/14/parents-disabled-boy-sue-want-schooldistrictallo/?fb_xd_fragment#?=&cb=f28bab22d7f2d06&relation=parent&transport=fragment&frame=f2d60a3887b626c.
Service dogs have been specially trained to actively provide assistance to persons with disabilities and, according to the federal Americans with Disabilities Act, are allowed to go wherever the person with the disability goes. That includes schools.
In most of the recent cases, the issue has been defining the difference between service dogs – which are allowed by law to accompany their owners – and therapy dogs, which are not covered by the Americans with Disabilities Act. The major difference between the two is that service dogs are trained to actively provide a service, whether that is guidance, assistance, signal, intervention or other service, and therapy dogs passively provide comfort.
In the North Carolina case, the question is primarily whether the 4-your-old can manage his dog. I don’t know the answer to that, but I do know that separating the dog from the boy for long periods of time will have an adverse affect on the dog’s training, making him less effective as a service dog when the two are together.
My opinion – and that’s all it is – is that the parents of this boy have sought the best possible way to equip their son with the tools necessary to manage his disability and grow. It sounds to me like that effort needs to be considered.
Annette Bourbonniere
401-846-1960
Fax: 401-846-1944
Twitter: @AccessInclude
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