Inclusion Daily Express -- School Refuses Teen's Service Dog, Despite State Order

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School Refuses Teen's Service Dog, Despite State Order
By Dave Reynolds, Inclusion Daily Express
March 14, 2008

CENTRAL ISLIP, NEW YORK--In a scene that has been repeated several times for more than a year, W. Tresper Clarke High School Principal Timothy Voels stood at the school's main entrance Tuesday morning, blocking John Cave, Jr. from bringing his hearing service dog to class.

This time, however, Voels deliberately violated an order given the previous day by the New York Division of Human Rights.

The Cave family says that John's yellow Labrador retriever Simba needs to be with him 24 hours a day in order to do his job most effectively. They claim that the district is discriminating against the 15-year-old boy in violation of the Americans with Disabilities Act by banning the dog.

Since early in January of 2007, East Meadow School District officials have kept Simba from coming into the building, arguing that that the dog would present a safety and health risk to the rest of the students.

Nancy and John Cave Sr. filed a $150 million discrimination lawsuit against the district last February. But a federal judge ruled against them, saying that the district already provided Cave with a sign language interpreter, a student note-taker, a teacher that specialized in working with deaf students, extra time to take his tests, and a radio transmitter that plugged directly into his cochlear implants so he could better hear the teacher.

On Monday, Human Rights Commissioner Kumiki Gibson said the district is discriminating against Cave and ordered it to allow the dog.

District officials said they would appeal.

Related:
"School defies agency order to admit service dog" (Newsday)
http://www.inclusiondaily.com/news/2008/red/0314e.htm

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