Schools are Under Title II

[ILGHAUS]

There was a statement made in another thread about SDs being denied entrance into classrooms and the poster becoming angry everytime they heard of such a case.

It is a common misconception that SDs are allowed in any location where a member of the public can go. This is not true in all cases.

Title II addresses Public Entities (such as most schools) and Title III address Private Entities (malls, grocery stores, theaters, etc.). Even though the right of a disabled person to take a trained SD into some locations are known as "Public Access Rights" these only apply automatically (with some exceptions even here) to Private Entities/Title III and not to Public Entities/Title II.

Within the <u>ADA Title II Technical Assistance Manual </u>comes this subtitle under II-1.1000 General. :
LINK

Subtitle A is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It additionally extends the prohibition of discrimination on the basis of disability established by section 504 of the Rehabilitation Act of 1973, as amended, to all activities of State and local governments, including those that do not receive Federal financial assistance. By law, the Department of Justice's title II regulation adopts the general prohibitions of discrimination established under section 504, and incorporates specific prohibitions of discrimination from the ADA.

From the same source comes this additional point which applies to schools:

Title II is intended to apply to all programs, activities, and services provided or operated by State and local governments. Currently, section 504 of the Rehabilitation Act only applies to programs or activities receiving Federal financial assistance.

and also

How does title II relate to section 504?
Many public entities are subject to section 504 of the Rehabilitation Act as well as title II. Section 504 covers those public entities operating programs or activities that receive Federal financial assistance. Title II does not displace any existing section 504 jurisdiction.

[ILGHAUS]

If someone believes they have a reason to file a complaint under Title II the proper place for educational problems is:

Department of Education: All programs, services, and regulatory activities relating to the operation of elementary and secondary education systems and institutions, institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and libraries. Complaints should be sent to: Office for Civil Rights, Department of Education, 330 C Street, S.W., Suite 5000, Washington, D.C. 20202.

Contact for filing complaints on other matters can also be found through the <u>ADA Title II Technical Assistance Manual </u>

[Phazewolf]

All the schools by my home have sings up that say no dogs allowed but that services dogs are allowed. It is posted clearly at several points.

[ILGHAUS]

Most places of business that post "Service Dogs are Welcome" have that requirement because of past mediation / settlement agreements. (Notice how many Wal-Marts now have the sign where they were not in the past.)

Service Dogs are allowed into the "public" places of a school such as the lobby. The conflict begins to arise with dogs in classrooms where the public is not allowed to enter freely.

[Phazewolf]

So are you saying that if a child that needs a service dog wants to go to school they can not take there dog in to the classroom with them? I can understand the issues with a kid having a dog in class may be a lot for the other kids to deal with sense some kids are scared of dogs and some would want to play or torment the dog. But does the child not have the right to be able to take the dog places where they need it?

[ILGHAUS]

Phazewolf, some very good questions ...

Quote: So are you saying that if a child that needs a service dog wants to go to school they can not take there dog in to the classroom with them?

No, what I am saying is that the handler of a SD who is allowed to walk in off the street and enter the lobby of a school does not have the right to go into a classroom with their SD. The right of Public Access given under Title III to take a well-behaved trained SD into a restaurant or grocery store or the Mall does not extend into schools which are under Title II.

A child may take their SD into classrooms (under Title II) if the proper procedures have been followed. A child can not just show up to school one day with a SD and attend their classes, a parent can not just send in a note to the teacher or escort their child to school and "tell" the school admin. that their child will be attending with their dog.

A problem that is being seen a lot now is that people are not reading the law, following proper procedures, or assuming that everyone around them must change everything or give up their own rights to give extra rights to a PWD. The ADA was never meant to make a PWD a super above all others class of citizen but a means to bring the lives of a PWD up to the level of non-PWDs as much as possible.

Quote:But does the child not have the right to be able to take the dog places where they need it?

Under Title II a child with a disability has the right to an education. It does not take away the rights of another child to a good education. If a child must take allergy meds (which makes them drowsy and unable to get the full benefit of their class) in order to attend a class with a dog present is this fair to that child? Are their rights to a full education any less than a child with another type of medical condition or a disability? This is why there are laws and regulations to be followed so that ALL children may receive an education.

A child with a disability does not in all cases NEED a SD for an education. Courts have ruled such as in the case of John Cave and his hearing dog Simba, that the school district was already in compliance and ensuring that John had the ability to receive a full education. On the other hand, in some cases courts have ruled to allow a SD into the classroom but these were based on additional State laws and not Federal.

[ILGHAUS]

A couple of other FYIs ...

Many times people interveiwed by a newspaper or TV reporter start going on with "If it was a child with a guide dog they would be allowed in" when in fact they haven't done their home work. They need to take a survey and find out how many guide dog organizations even give a dog to anyone under the age of 18, under the age of 16!

The rules of having a SD in a place of education, a place of employement, and in living arrangements (other than in a private home) are stricter and under other sections of the ADA than in places of entertainment or shopping.

Why is this? A simple answer would be because the law looks at the place where you go to school, are employed, or live as a more long term / permanent situation. Places where you shop or go to a movie or go to have a meal are short term / temp. situations.