Fry V Napoleon
Along with the school not allowing a child with cerebral palsy have a service dog, it forecasts great disappoint to the parents; therefore, the family argues the Americans with Disabilities, the state’s disability laws, and the Rehabilitation Act are violated overshadowing the IDEA Act. Individuals with Disabilities Education Act. First called the Education for all Handicapped Children Act in 1975. Allows children with disabilities get a proper and special education. Once a children is identified as having a disability they can be apart of IDEA. This education is at no cost for parents. FAPE: Free Appropriate Public Education.
The IDEA governs over 6.5 million eligible infants, toddlers, children, and youths with disabilities. Helps disabled children succeed in the future through unique education. Examples include speech therapy and counseling. IDEA program allows parents to have a voice in their child’s education. Parents are given the opportunity to give consent to the teachers on allowing their child to get taught. It is a law, or statute, authorizing formal grants to states and discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations. Formula grants. Helps states provide a free educational in an environment with children with disabilities through the age of twenty-one. Supports early intervention services for infants and toddlers. Discretionary Grants. Grants awarded by the U.S. Department of Education. Supports and provides different education programs to educated children with disabilities. Not everyone with learning and attention issues qualifies under IDEA. Children must have one of the following. Autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment like ADHD, specific learning disability like dyslexia, speech or language impairment, traumatic brain injury, or visual impairment like blindness. Unless child is doing well in school, it is not mandatory that they become part of IDEA.
Types of service dogs. Guide.These dogs are paired with people who are blind or visually impaired. This dog has a U-shaped harness which allows the owner to tug in many directions which mean different commands. These dogs try to find a way through busy areas like downtown, sidewalks, and public transportation. Hearing. Helps deaf or hearing impaired by alerting them about events that are going on. A dog will come in physical contact with an owner when their is an alarm or sound that the owner needs to know about. Depending on the noise, the dog will come into different physical contact so the owner knows how to respond. Service. Assist people that have disabilities that don’t include hearing or visually impaired. Most common type of guide dog. They help the disability as much as possible. Push wheelchairs or help with balance. Skilled companion. Just like a service dog but someone else is watching over to maintain a tight bond between the dog and owner. Facility. Takes care of residents in healthcare or educational setting. Help with companionship and physical therapy. Seizure response. Grab medication for them after seizure. Lay them into safe position. Able to predict seizure. Emotional support animals. Helps stabilize and comfort people with medical problems. Depression, anxiety attacks, hallucinations. A person needs to prove they need an animal for support. Therapy animals. Bring hope to children and adults. Helps bring optimistic to a person facing medical challenges.
Explanation of Case. A child born with cerebral palsy, a disorder of movement, muscle tone, and posture, was given a service dog to assist with her everyday tasks. The dog was a goldendoodle named Wonder. It helped her take off her coat, use her walker, get in and out of restroom, and more.
Beginning of kindergarten her parents asked for permission to allow her to have her dog. The school denied them because they said that her Individualized Education Plan (IED) provided her with a human aide. They did a trial with Wonder where he was supposed to stay in the back of the classroom. He wasn’t supposed to do anything he was trained to do. After the trial, the school denied Wonder at school. They moved her to a different school district while filing a complaint on this school. They eventually sued the school, its district, and the principal. They argued that denial of the service dog was discrimination on the basis of the disability. Fry’s argued that she suffered pain, embarrassment, and distress. Court Case explained. District court dismissed claims because the family properly showed how the IDEA Act was violated. This dismiss required many people to bring this case against the government as well before suing under the ADA and the Rehabilitation Act. Fry’s argued because they were only seeking damages under IDEA and saw that it was meant to address all claims they said. U.S. Court of Appeals agreed to this because they saw their claims as educational; therefore, the exhaustion requirement was applied.
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Along with the school not allowing a child with cerebral palsy have a service dog, it forecasts great disappoint to the parents; therefore, the family argues the Americans with Disabilities, […]