A recent report came out that relates to the U.S Supreme Court is asking President Obama’s Adminstration to weigh in as it considers whether to take a case which was brought by a family of a girl with cerebral palsy who sought to bring her service dog to school.
The family of the girl petitioned the Supreme Court to take their case last fall. This week the solicitor general has to provide the federal government’s viewpoint before the Supreme Court has to decide whether to hear this case.
It’s unknown if the family exhausted their options under the Individuals with Disability Education Act in special education disputes with schools before pursuing legal options under the ADA aka Americans with Disabilities Act.
The lower courts have issued conflicting opinions when it comes to this case. The distinction is significant since the ADA does allow the individuals to seek damages however the IDEA doesn’t. The family sued the Napoleon School and the Jackson Countuy Intermediate School District which is in Jackson County, Mich. in 2012. The family is alleging violations of the ADA. It was also noted in the report that the school declined to comment on this matter.
The girl’s dog is a Goldendoofle which the family acquired in 2009 which was specially trained to help the girl who was then 5 years old with balance, opening and closing doors, turning on lights, retrieving dropped items, along with other tasks.
The lower court dismissed the family’s case because the family didn’t pursue an Adminstrative hearing under the IDEA, which has prompted the family to petition the Supreme Court.
We at AMCPress&Co hope the Supreme Court takes the case and allows this case to be heard especially when this girl needs her service dog. Tonight we are discussing this topic. Listen in at http://tobtr.com/s/8151755.