Supreme Court Case Essay
Topic: A school district denying the student the right to have a service dog attend school. Level or Type of Court: Supreme Court- Oct 2016
Facts of the Case: A student with cerebral palsy obtained a service dog with the doctor’s approval to help her live as independent as possible. The service dog was hypo-allergenic and was to stay out of the way when not needed. The Community School District of Napoleon refused to allow the service dog to attend classes with the student since the student’s IEP already stated the services of a one-on-one staff member was to be of support for the student. The school allowed a short trial period where the service dog attended at certain periods …show more content…
Decision(s): In 2012, the district court dismissed the case based on the school district’s opinion that the Fry’s did not exhaust all the administrative remedies before filing a suit. The case went to the court of appeals in January of 2014, where the court of appeals agreed with the district court’s decision and dismissed the Fry’s case. In October 2015, the Fry’s filed an appeal with the U.S. Supreme Court. The Solicitor General wrote up a brief report to the U.S. Supreme Court recommending the case be examined. The U.S. Supreme Court will hear the case after the start of the next term which will start in October 2016.
Legal Significance for the Special Educator: If the case were awarded to the Fry family, it could mean school districts would be required to allow service dogs to accompany students to school even if the service was not listed in the student’s IEP. Students with disabilities would be able to use the service dog for independent measures that a one-on-one staff member would not be required to help with. The American Civil Liberties Union wants the court to state that all individuals denied the right to use service animals at school can proceed straight to a court rather than attend administrative