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Judge rules that Illinois school district must allow autism service dog
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Illinois judge rules in favor of autism service dog in school
The effectiveness and legitimacy of autism service dogs has been widely discussed as key cases work their way through court.
Point in case, a county judge ruled in favor of a first grader in central Illinois to be able to bring his autism service dog to school.
According to an AP article, Judge Chris Freese sided with the family of Kaleb Drew, who argued that the boy's yellow Labrador retriever is a service animal allowed in schools under Illinois law. They say the dog is similar to a seeing-eye dog for the blind and is trained to help Kaleb deal with his disabilities, keeping him safe and calm in class.
The Villa Grove school district had opposed the dog's presence and argued that it isn't a true service animal.
Kaleb Drew's dog, Chewey, has accompanied him to school since August under court order, pending the judge's final ruling Tuesday on the family's lawsuit against the school district.
The judge ruled that the Drews had presented "clear and convincing evidence" to show Chewey is a service animal that helps the boy function, said attorney Margie Wakelin, who works with Chicago-based Equip for Equality and represented the family.
Equip for Equality's mission is to advance the human and civil rights of children and adults with physical and mental disabilities in Illinois. It is the only statewide, cross-disability, comprehensive advocacy organization providing self-advocacy assistance, legal services, and disability rights education while also engaging in public policy and legislative advocacy and conducting abuse investigations and other oversight activities.
"I'm very pleased and happy that Kaleb and Chewey are going to get to continue their work together and continue to grow as a team and learn from each other," Nichelle Drew, Kaleb's mother, said after the ruling.
She says the dog keeps Kaleb from running in front of cars in the school parking lot, and helps him with difficulties transitioning from one activity to another by helping him feel calm.
The Villa Grove school district has 30 days to appeal; its attorney, Brandon Wright, said no decision has been made on whether to do so.
Despite ruling for the Drew family, the judge "clearly recognized the conundrum the school district finds itself in," Wright said. The law offers no guidance on how schools are supposed to accommodate service animals, including whether they need to train school staff to work with the animals, Wright said.
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