SCOTUS to hear case involving service dog named Wonder
The U.S. Supreme Court has accepted a case involving a Michigan girl with cerebral palsy whose family clashed with her school over her service dog, a goldendoodle named Wonder.
The Supreme Court granted cert on Tuesday in the suit filed by the family of the girl identified as “E.F.” The Detroit Free Press, MLive.com, Courthouse News Service and SCOTUSblog have stories.
E.F.’s family had sued after the Ezra Eby Elementary School banned Wonder in October 2009, allowed the dog on a trial basis in April 2009 (but required the animal to sit in the back of class), then banned the dog again.
At issue is whether the E.F.’s family was required to exhaust state administrative remedies under the Individuals with Disabilities Education Act before suing the school district. The suit relied on the Americans with Disabilities Act and the Rehabilitation Act, rather than the IDEA law.
The school district had reasoned that Wonder didn’t need to help E.F. because she already had a human aide. Wonder was trained to help E.F. retrieve dropped items, open and close doors, turn on and off lights, and take off her coat. E.F.’s pediatrician had recommended the dog stay with E.F. at all times to increase bonding.
After the school banned Wonder following the trial period, E.F.’s family began home schooling her and filed a complaint with the U.S. Department of Education. After the department sided with E.F., the school district decided to allow the dog. The girl’s family was concerned that school officials would resent E.F., however, and they enrolled her in another school district that accepted Wonder.
The American Civil Liberties Union had filed the suit for E.F.’s family. The case is Fry v. Napoleon Community Schools. The SCOTUSblog case page is here.
