Canines in the Classroom Redux: Applying the ADA or the IDEA to Determine Whether a Student Should be Allowed to be Accompanied by a Service Animal at a Primary or Secondary Educational Institution

26 Pages Posted: 17 Sep 2018 Last revised: 11 Apr 2019

See all articles by Rebecca J. Huss

Rebecca J. Huss

Valparaiso University Law School

Date Written: September 14, 2018

Abstract

This short Article highlights some of the issues that must be considered when deciding whether students should be allowed to be accompanied by their service animals at school. It focuses on issues relating to students in primary and secondary schools after the Supreme Court’s decision in Fry v. Napoleon Community Schools. The Article sets forth a brief background of the Fry case and analyzes some of the arguments made by the parties on remand at the district court level. It also reports on cases relating to service animals in schools applying the analysis set forth in the Fry decision. The Article explains the relevant ADA regulations relating to service animals and highlights some of the issues concerning the application of those regulations to disputes between advocates of students and schools. It considers why the IDEA and its regulations might support a student’s request to be accompanied by a service animal in school, even in the absence of such a right under the ADA. The Article concludes by providing guidance for advocates and school districts given the challenges that can arise when incorporating service animals in a primary and secondary school environment.

Keywords: ADA, Americans with Disabilities Act, IDEA, Individuals with Disabilities Education Act, Student, Education, School, Service Animal, Service Dog, Disability, Disabled, Accommodation

Suggested Citation

Huss, Rebecca J., Canines in the Classroom Redux: Applying the ADA or the IDEA to Determine Whether a Student Should be Allowed to be Accompanied by a Service Animal at a Primary or Secondary Educational Institution (September 14, 2018). 35 Touro L. Rev. 235 (2019); Valparaiso University Legal Studies Research Paper No. 18-6. Available at SSRN: https://ssrn.com/abstract=3249673

Rebecca J. Huss (Contact Author)

Valparaiso University Law School ( email )

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