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Cole has amendment to disabilities law

 
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Bill would permit service dogs in schools


Date published: 1/11/2008

RICHMOND --A golden retriever-Labrador mix named Calder acts as 9-year-old Matt Hoioos' hands.

Disabled by a disease called x-linked hydrocephalus, Matt is in a wheelchair.

Calder is a service dog, professionally trained to open and close doors for him, turn lights on and off, and pick up things Matt drops on the floor.

But Calder isn't allowed to accompany Matt to special-education classes at Margaret Brent Elementary School, because the Stafford County school system says the dog isn't necessary for Matt's education, and because the school system says they aren't "public entities" as defined in the Virginians with Disabilities Act or the Americans with Disabilities Act.

So Matt's parents went to Del. Mark Cole, R-Spotsylvania, and yesterday the House Health, Welfare and Institutions committee unanimously passed a bill Cole introduced that would require schools to comply with the disabilities act, including allowing service dogs like Calder.

Cole's bill adds just four words to the state code--that "public entities including schools" are included in the list of public places where disabled people must be accommodated under the law. That code section already provides that service dogs, like Matt's, are allowed in those public places.

Valerie Cottongim, spokeswoman for Stafford County schools, said school principals must give permission for a service dog. She said one county student does have a service dog at school.

Stafford School Board policy prohibits animals--even service animals--on school property without the permission of the principal. Those who want to bring an animal to school go through an application process, and principals consider factors including whether the animal is required for a student to receive benefit from a special-education program, whether the animal will be used as a teaching strategy to supplement the curriculum, and whether the animal will be used as a treatment following a traumatic event.

Tom and Sharon Hoioos, Matt's parents, came to Richmond with their son and his dog for the committee hearing. They said they're pushing the issue not just for Matt, but for other disabled people as well--they've heard of other disabled children in Stafford schools, and in other localities, having similar problems. The right of a disabled person to keep a service dog with them, the Hoioos' said, shouldn't be subject to the interpretation of local officials.


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Date published: 1/11/2008


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good going, Del Cole, for doing the right thing!! (posted by mzfroggez , Jan. 12, 2008 5:22 pm)   
I cannot believe the school system thinks it is above the law - by ignoring the ADA, it appears they do think just that. You cannot ask disabled people to jump through hoops & no entity decides who does or does not need a service dog. I don't think ANYONE can prohibit a service dog from accompanying their owner nor can they ask for any certification, etc. Thank you, Mark, for standing up for the Hoois family, including Calder . And,Stafford Schools, shame on you for discriminating against Matt!

Who made the principal doG? (posted by bgtmgiantsfan , Jan. 11, 2008 11:35 pm)   
Maybe the school district needs to re-read the ADA and include reading Title V of the act. This applies to governmental entities which is what it sounds like the school is claiming they are. I hope that not only the bill passes but that the family gets a very good ADA lawyer and sues the school district for discrimination. I don't advocate suing but in this case, it is the only way they will get what the ADA stands for.

The problem is this (posted by patrick4hp , Jan. 11, 2008 2:04 pm)   
If a law passes, it's up to the Commonwealth Department of Education to see if they are in compliance, and, alas, in Virginia, this doesn't happen. If the people wanted to take Calder to Wal Mart, for example, he would be allowed. Schools can be little fifedoms for the principal, and it cetainly the case here. It's too bad Virginia didn't do what it needed to catch up with federal law. And, sorry, the patneralism of the school in this case is outrageous!!!

You've GOT to be kidding me (posted by travelin_bone , Jan. 11, 2008 12:09 pm)   
He doesn't need a service dog because people can do those things for him? Are Stafford Public Schools going to be there when he's 25 years old and trying to navigate the world with some independence? I'm glad his family got the backing they needed.

Stafford must think its God (posted by dcsubburb , Jan. 11, 2008 7:26 am)   
not a public entitie ? public school payed with federal and state taxes sounds like public to me and I thought ADA trumped everything else. shame on the school system..

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