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The following is a cross post from Family Voices Indiana:
Recent headlines have highlighted a district policy to remove therapy dogs from schools in Carmel. FV Indiana would like to provide information to its members, and guidelines for effective advocacy regarding this issue.
According to the American Disabilities Act (federal law) any dog assisting a person with a disability is considered a service dog (exclusive of therapy dogs). The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Service dogs are entitled to freely access buildings and transportation (buses, trains, planes).
This federal law applies to all businesses open to the public, including schools, restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.
Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals.
A school may NOT refuse a service animal according to the ADA. If this happens, individuals should file a complaint with the Indiana Department of Education and report the violation to the Department of Justice.
If you think that you have been discriminated against under Title III of the ADA, you can send a letter to the U.S. Department of Justice to discuss the matter. The letter should include:
– Your name, address and phone number.
– Name of business, organization or institution you believe has discriminated.
– A description of the discriminatory act, along with relevant names and dates.
– Other information to support your complaint (send copies, not originals).
Send the letter to:
U.S. Department of Justice
Civil Rights Division
Disability Rights – NYAVE
950 Pennsylvania Ave. NW
Washington, DC 20530
Therapy dogs are not considered by law in the United States to have the same status as service dogs. Service dogs directly assist their owners with daily tasks in some fashion; therapy dogs are handled by their owners to assist others at specific times, such as visits to a facility. Thus laws mandating access for service dogs, who must accompany their owners, do not apply to dogs who need not be with their owners at all times but rather work at specific locations.
They do, however, have value. For children with disabilities, the ability to interact with a dog, cat, or other animal can have a very positive impact upon their quality of life. It can change behavior, create a sense of responsibility and even improve a child's ability to participate in therapeutic treatment leading to achievement in relation to identified goals and objectives. A 1995 study at Purdue University found that exposing children to pets can improve social interaction and development. Therapy dogs can be used in a variety of settings to encourage positive interactions and emotional health in children.
The most meaningful feedback the school system could receive is from parents of children who have been impacted by the presence of therapy dogs in their classrooms.
We understand that families would like to have their voices heard in support of these working dogs. We caution that this input be respectful in tone to create friends of assistance dogs.
You should write letters in support of therapy dogs to the Carmel School Board:
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