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Special Education Law and Advocacy

Experienced Special Education Attorneys

“Independence versus Education” At Issue in Service Dog Case

An IEP team in Michigan rejected the request of a young student with CP to bring her service dog to school, stating that the services of an aide were sufficient to meet her needs. The ACLU has undertaken litigation on behalf of the student.   An aide is fine in many circumstances, however, where the student can be more independent with the help of a dog instead of a person, the choice seems obvious. I always advocate for the view that, even for small children the future is now, and if she can achieve a high degree of independence now and going forward with a dog, that will be much more effective for her on a job or in college than reliance on an aide.

It appears that service dog cases are one of the new legal frontiers in special education law, as there have been so many cases that have been litigated recently and apparently more to come. Some states such as New Jersey are taking legislative steps to guarantee the right to bring service dogs into schools.

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