When Autistic Son Denied Service Dog, Mom Bites Back
Filed under: Medical Conditions, In The News, Development: Big Kids
A Florida school district doesn't want any doggone service animals. Credit: Jennifer Hlad/Capital News Service/MCT
A dog could get the distinct impression he's not wanted in southwest Florida schools. District officials just refused to a let a 6-year-old boy with autism bring his service dog to school.
The Naples Daily News reports this decision comes eight months after district officials agreed to pay $125,000 to settle a lawsuit brought by the parents of another boy denied a service dog.
William and Brenda Hughes filed the suit, claiming the district violated, among other laws, the Americans with Disabilities Act. They argued their son, Derek, needed a dog to help him deal with both autism and epilepsy.
The current case involves John "J.C." Bowen, a 6-year-old with autism. His mother, Elizabeth Lasanta, tells the Daily News he needs the dog because it helps her son remain calm in class and can respond properly if he has a seizure.
School officials say Lasanta fails to make a convincing argument. District policy defines a service animal as "an animal trained to accompany its owner or handler for the purpose of carrying items, retrieving objects, pulling a wheelchair, alerting the owner or handler to medical conditions or other such activities of service or support necessary to mitigate a disability."
Sorry, they say. Pepsi the yellow retriever just doesn't qualify.
Lasanta tells the Daily News the school district has another fight on its hands.
"You wouldn't deny a student the right to bring an asthma inhaler to school if he had a prescription," she tells the newspaper. "My son has a prescription for his service dog."
The fight is already a year old. It began in preschool, when Lasanta tried to get a service dog added to her boy's individualized education plan.
"Given John's progress, a service dog was not needed for the purposes of the individualized education plan that we had developed for John to provide him with an appropriate education," Estates Elementary Principal Francine Eufemia wrote in a letter to Lasanta.
The letter adds that school officials "considered the mother's request to have the dog in public areas of the school so that J.C. could bond with the dog."
That part really ticked Lasanta off.
"My son doesn't need to bond with his dog," she tells the Daily News. "That was not the reason for my request."
Jon Fishbane, the Collier County School District's attorney, tells the newspaper he can't comment on the issue. School officials and Bowen's family are in the middle of a hearing, which resumes in December.
The $125,000 school officials agreed to pay in April to the Hughes family included a provision that the district doesn't have to admit it did anything wrong.
The Daily News also reports the money will be paid by the district's insurance carrier and doesn't involve any direct district funds.
As part of the settlement, the newspaper reports, the Hughes family agreed to drop all complaints and not to enroll Derek in Collier County Public Schools ever again.
Lasanta tells the Daily News she's not going anyway. Unlike the Hughes, she says, she can't afford to settle out of court and get out of Dodge. If school officials want to fight, they better make some sandwiches. It could be a long siege, she says.
"We have 14 more years with my kids in this school district," she tells the paper. "We can play nice. Or we can battle it out. But I will not have the district infringing on his rights."











ReaderComments (Page 1 of 1)
11-20-2010 @ 1:07AM
Laura c said...what is this world coming to?
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11-20-2010 @ 3:03AM
Theresa J. said..."My son has a prescription for his service dog."
Why do people think a "prescription" makes a dog a legal Service Dogs. Doctors can write letters stated that they believe an individual could benefit from an Emotional Support Animal which is not the same thing as a Service Dog. Emotional Support Animals are not allowed to go into public places.
The dog in this picture also looks very young but possibly it is an older picture. Only brought this up as it takes 18 - 24 months to train a dog to be a SD.
"His mother, Elizabeth Lasanta, tells the Daily News he needs the dog because it helps her son remain calm in class and can respond properly if he has a seizure."
Remain calm in class in not a legal task of a Service Dog.
The following quote should put that argument to rest once and for all.
" ... emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition"
Don't believe that quote? Well, it is directly from the ADA revised which was approved by Congress and by President Bush near the end of his term. It was further passed by the current Congress and President Obama. If in doubt then possibly it is time to re-read the ADA.
And as far as the rest of the mother's reasoning for this dog, "respond properly if he has a seizure" what does the dog do to respond while at school that the teacher or aides would not do. A seizure response Service Dog learns such tasks as turning the handler into a proper position and to clear the airway so the handler, if prone to vomit during a seizure, will be able to breathe. Such a Service Dog will sit by the handler during a seizure and if needed lay on top of the handler to keep them from hurting themself. If when the handler comes out of a seizure they are disorientated and become confused where they are the dog then will take on guide skills and lead the handler to a safe place. Now is the mother saying that the teacher, aides, other adults at the school is going to let her child choke to death or wonder off down a street. Of course these are only some things a Service Dog may be trained but just by the act of being with someone is not a *trained* task. Mom needs to brush up on what a Service Dog is and under what circumstances.
Oh, and on another note Section III of the ADA does not give *Public Access Rights* to the handler to take even a Service Dog into a classroom which is in regular session. A school classroom is not a public place unless a special activity such as an *Open House* is going on. Don't believe that? Well you might try walking into a strange school tomorrow and going into one of the classrooms. You will see just how open to the public that classroom is when security approaches. For those who truly want to know *Public Access* comes into play at such places like a grocery store, a restaurant in the serving area (not in the food prep area), or the mall during regular business hours.
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11-29-2010 @ 6:24AM
gdb said...A therapy dog benefits an epileptic by alerting the caregivers that a seizure is GOING to occur, he does NOTHING during the seizure except watch over the student.
11-20-2010 @ 9:29AM
spazzoid said...It may be true that schools are no longer considered public property. it also may be true that helping the child to remain calm in a hectic school environment isn't something they consider a job for a service dog. But it is true that teachers and teacher aides do not pay enough attention to students and a student could, and probably has died because the person in charge didn't notice in time, where as a dog would, and also while the teacher is trying to decide what to do the service dog would be doing it already. If the child needs a dog let him have it. And no, a prescription does not make it a service dog, they expect you to get the right service dog for the need, not just any dog. And yes the dog in the picture is quite young looking, I would say less than a year, but it may be an old picture of the dog.
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11-20-2010 @ 7:02PM
Penguin said...What about all those kids who are allergic to dogs? Also, my kid goes to preschool and is fearful of dogs. I am sure this particular dog is great, but if this dog where in her class she is still going to be scared of it, and lose out on her chance for a good education, because she is scared during her whole school day.
Also, if the kid is austic and has seisures, EVERY adult in that room has been trained what to do. Schools do not want law suits, they make sure teachers are prepared when kids like that enter their classroom.
11-21-2010 @ 4:10PM
Eileen said...Penquin, learn what you are talking about. Seizure dogs are right there ready to take care of their person. They can often alert the child that a seizure is coming ang the child or adult can actually prepare for it by getting down on the ground in the proper position. A teacher or aide cannot do that. Even the nurse who is often many many rooms away, (in my school she is almost 2 blocks from my classroom) cannot get there in time to do that. Teachers are 'trained', if you can call what we had training. I do not. I pray daily that my student doesn't have an attack.
As far as the allery thing. Many of these 'allergic' children have dogs at home, they play with children with dogs, they have friends with dog hair on their clothes. if it is a problem move the child to the other side of the classroom and keep them separated fromt he service dog who will sit quietly by the child and NOT roam around the classroom. Learn about these things before you open your mouth and sound like the idiot you are.
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3-22-2011 @ 2:30PM
Pat said...The dog ALERTS the child of an oncoming seizure. These children have enough on their plates without some fools trying to sound like they know what they are talking. If your child is afraid of dogs try therapy.
11-24-2010 @ 1:44AM
Tom said...So, a "service dog" is a prescription? Hardly. A "service dog" is NOT required for an autistic (or epileptic) child. This is nothing more than the parents trying to make a play for cash.
This "service dog" is not necessary for the day to day survival of the child in this school. Teachers are trained, nurses are trained in how to handle situations like this, thus making the "service dog" unnecessary in school.
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11-24-2010 @ 1:46AM
TV on the Brain said...This is simply a money grab by the parents, nothing more. It's sad that frivolous lawsuits like this are coming, which is exactly why the school should have never settled the first one.
Want to talk about huge waste of federal funding? Look no further than right here!
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12-01-2010 @ 1:49PM
Roger said...TV on the Brain -
You definitely have too much TV on your brain. Service Dogs have become a necessity these days as more and more disabled children are mainstreamed into society. Fortunately no longer do we keep them out of sight at home or in an institution if they can, with a little help, function in "normal" society with idiots like you. Even today to get a Service Dog that is certified (and there is a huge shortage of them) takes a lot of jumping through hoops and many insurances won't pay for it. I would love to have and would benefit from a Service Dog as a Type 2 Diabetic but insurance only covers it for Type 1 at present. You also obviously have no idea what the costs involved with a pet are. A normal dog - at bare minimum will run about $1400 for the first year and $800 each year after that assuming no illness or anything drastic. And that's using generic dog foods, etc. A Service Dog will run more than that. Even if this dog was not certified as a Service Dog, if he is able to demonstrate that he can recognize and save a life then let him into the school. It wasn't that long ago that a child with Diabetes was not allowed to even keep his meter with him. The teacher had to get the nurse or have the child brought to the nurse's office. Guess what? More children ended up in ER's or with major issues. This isn't 1955 anymore. It's 2010 and it's time to wake up!
11-29-2010 @ 3:04PM
ElisabethinCA said...A play for cash??? Did you not read the story? She isn't going to "settle and run with the money" like the other family. How wonderful that you are so intelligent and can see into other people's minds that you just "know" it's for the money. First, I doubt that this is a mother who just wants some money. If this is the way her son can get an education and sit in class then what is wrong with that? For parents that have kids that are scared of dogs or allergic, how are you going to keep a world of dogs away from your kids? If this dog was aggressive and doesn't stick by his owner’s side like glue then I agree the dog can't go to school. But all service dogs are trained to not even pay attention to anything or anyone besides their owner.
This woman has a child that is autistic. She is trying to do everything in her power to make a life for her son and that includes an education. But we have the Jerry Springer audience members who just "know" she is only in it for the money. She couldn't be a caring mother who wants nothing but a good education for her son and knows that one of the only ways to make sure he will be ok in school is w/ a service dog could she? Nah, it's better to say nasty things about someone we don't know..how dare she want to fight for her child...wow...just wow...What a bunch of nasty ugly people. I say good for this mother for sticking up for the needs of her son. And by the way, she didn’t just run out and file a law suit. She tried working with the school and went back and forth with them. Most people who just want to sue for money file right away. It looks like the problem isn’t mother who is doing just that...being a mother and caring about her child, its everyone who has to hide behind their keyboard and judge others like they ”know”. Get over yourself. People like this mother who just wants her son to be able to go to school and learn, and have it be as stress-less as possible for her son, so he can learn and not be disruptive to the rest of the class is a hero. The judgmental people are either childless, or parents who dropped their kids off at school and never looked back.
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1-14-2011 @ 2:50PM
egordon said...Thanks so much for your caring reply.
There is so much hate in this country now it just amazes me. I'm a sped teacher and would bring an elephant to school if I thought it would help one of my students. Everyday I watch these parents fight for basic rights. One thing people don't understand is the effect animals have on children. I remember one particular "wild" class I had years ago. I accepted a homeless kitten to keep in my room for one day until he could be picked up by a new owner, you wouldn't believe how he calmed the entire class. Usually loud, wild students were whispering so as not to wake the "kitty" and this was high school
If anyone is allergic there is meds for that also fears can be overcome. I was afraid of dogs as a child, now I own 5 and would bring them with me to school everyday if I could.
12-06-2010 @ 12:38PM
Ann said...Theresa J who got it pretty much correct on what constitutes a Service Dog is a little wrong on one thing and dead wrong on another:
(1) A dog who is trained to alert their partner that a seizure is coming is a bona fide Service Dog. The dog does that so the partner can take medication or get off their feet before the seizure hits is a Service Dog.
(2) She 100% dead wrong when she writes: “Section III of the ADA does not give *Public Access Rights* to the handler to take even a Service Dog into a classroom which is in regular session. A school classroom is not a public place unless a special activity such as an *Open House* is going on”
The school is a public facility. Members of the public are permitted in there under certain conditions (attending school, attending meetings with staff etc.) You can not more go waltzing back into the xray room of a hospital than into a school. And the hospital can NOT forbid a Service Dog from accompanying his partner who is a member of the public having an appointment for care in the xray room. The Service Dog goes with his partner who has the right to enter the school building.
Penguin starts the typical whining about “my kid my kid my kid”and babbles on with the typical “What about all those kids who are allergic to dogs? Also, my kid goes to preschool and is fearful of dogs.
Here is the short answer about ‘allergic’ or ‘afraid of dogs.’ TOUGH!!! The kids with the allergies then take allergy medication. And your brat can suck it up and live with it. Allergies are controllable and a reaction is not 24 hour a day problem that limits major life functions. They can take even OTC meds and go about their business. The person with the Seeing Eye dog or the mobility dog who pulls the wheelchair or is the person’s cane or hearing dog because they can’t hear will NEVER get better and has impaired ability to perform a major life function,…see, walk,hear..
And as far as your kid? NO ONE CARES. Under the ADA when it is a disabled person with a Service dog vs your brat, your brat is SOL and doesn’t count. He does NOT have a permanent impairment of a major life function. The disabled person who has the Service Dog does and uses that dog to compensate for the impairment.
Roger said starts with the ‘certified’ stuff. There is NO national agency that ‘certifies’ Service Dogs. All that ‘certification’ is is some private group saying ‘hey we trained this dog.’ There are PRIVATE organizations that claim to ‘certify’ Service Dogs that they have trained. There is NO AGENCY (like the DMV or medical licensing board) that ‘certifies’ or ‘licenses’ Service Dogs.
In fact it is ILLEGAL under the ADA for anyone (private business, public facility, whatever) to demand that the dog’s person produce a ‘Certification.”
A Service Dog is any dog that has been trained to perform a task for a person with a disability to assist that person.. There is not list of what those tasks are that qualifies since the tasks would depend upon what the disabled person needs help doing. And that is the only definition and legal requirement.
I have serious doubt as to whether the dog in the article is a Service Dog. The mother says “he needs the dog because it helps her son remain calm in class and can respond properly if he has a seizure.” Unless the dog ‘does’ something – other than just exist – to keep the kid ‘calm’, it is not a Service Dog on that basis. If the dog forces the kid back into his seat or knocks him down and restrains him until he stops screaming or running around, then it is a Service Dog. Big question is what does the dog do if the kid is going to have or has a seizure? Does the dog alert the kid that a seizure is coming by jumping up on him or forcing him off his feet? Does the dog hold the kid down once he seizes? Does the dog summon help? The dog has to do something and this article is way too vague to make that determination.
And I do know what I am talking about – retired lawyer (Federal litigator) who had input in the drafting of the ADA and who later was injured and now uses a mobility Service Dog.
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12-06-2010 @ 2:11PM
gene said...What is wrong here,the people in the school could loose their jobs and be required to pay in the millions out of their personal bank accounts,taxes pay for that school and the school is subject to laws,not individuel personal restrictions on service animals that can only be imposed at their private residence
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12-07-2010 @ 1:22PM
Lea said...Another case of immense stupidity and obtuse behavior at the ultimate cost of the tax payers (who will fork the out of court settlement).
question: who elected these morons?
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1-19-2011 @ 12:17PM
Dave said...Umm... that is why the School has insurance. The money paid to the family does not come out of tax payer money. Read the article next time before you fly off of the handle and say ignorant things.