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Ruling Expected On Autism Helper Dog In Class Case

November 10th, 2009

The Autism News | English

By Associated Press

The family of a central Illinois first-grader who wants to keep his autism helper dog in school gets their day in court this week.

Their lawsuit goes before a Douglas County judge Tuesday in what is likely to be a one-day trial.

The case involves Kaleb Drew of Villa Grove. He has autism and his family says his Labrador retriever helps keep him safe and calm in class. Objections from Villa Grove Elementary School have been overruled pending the judge’s final decision.

The case and a separate lawsuit involving an autistic boy in southwestern Illinois are the first challenges to an Illinois law allowing service animals in schools.

That case involves 5-year-old Carter Kalbfleisch and is being handled in the Mount Vernon-based 5th District Appellate Court.

Source: The Associated Press

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Columbia schools appeal decision to allow dog; cite allergy concerns

August 27th, 2009

The Autism News | English


Carter Kalbfleisch, 5, walks with is service dog Corbin outside his home in Columbia. – Zia Nizami/BND

District explains appeal over service dog

By JENNIFER A. BOWEN | News-Democrat

Columbia School District attorneys released a statement Wednesday explaining the district has appealed a Monroe County judge’s decision to allow a service dog into school with an autistic 5-year-old boy because of children in the school who are allergic to animals.

Monroe County Circuit Judge Dennis Doyle entered a preliminary injunction Friday to allow Carter Kalbfleisch to bring his autism service dog, Corbin, into his pre-kindergarten education classes. Doyle’s order would take effect on Sept. 14, meaning Carter could attend classes before then but without the dog.

“The district’s compliance with the preliminary injunction will have a direct and negative impact on a least one other student who attends the early childhood program,” said the released statement by attorneys Barney R. Mundorf and Christi Flaherty.

“Specifically, the district is aware of at least one child who will suffer serious physical harm if he is exposed to animal hair. Additionally, the district is aware of multiple children with medical conditions which may be impacted by the presence of a dog at school.”

Doyle cited Illinois state law when he made his decision to allow the dog into the classroom with Carter and stated during his decision that the law is not vague.

Carter’s parents, Chris and Melissa Kalbfleisch, filed a suit in Monroe County Court seeking an injunction in accordance with state and federal law. Their motion cites state law 105 ILCS 5/14-6.02, which reads, “… service animals such as guide dogs, signal dogs, or any other service animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom.”

School district attorneys disagree with the judge’s ruling and said Doyle has misinterpreted the law and the dog doesn’t serve any kind of educational purpose.

“The district acknowledges that the school code does allow for a ’service dog’ at school, but exercising this right requires meeting certain legal and educational standards that the district does not believe have been met in this case,” read the district’s statement. “The district maintains its commitment to providing all students of Columbia Community Unit School District No. 4 with a free appropriate public education.”

The school district appealed the decision to the 5th District Appellate Court in Mount Vernon and is seeking to have the injunction put on hold or extended.

“While the district recognizes the student’s desire to have his dog at school, it must weigh that desire with the rights of other district children to a safe and healthy learning environment,” the statement from the district’s attorney said. “It is not a simple matter of moving students from one room to another, or even one building to another. The district has obligations under both state and federal laws which govern the education of children with disabilities. Those laws contain certain procedural safeguards which must be observed before educational services can be changed.”

Carter was diagnosed with autism at 18 months, Melissa Kalbfleisch said. He is prone to severe outbursts, anxiety attacks, violent reactions and running away. He is compelled to eat inappropriate things like mulch and rocks, and he doesn’t speak. Two specialists at Cardinal Glennon Children’s Medical Center in St. Louis prescribed the autism service dog for Carter.

Since Corbin became Carter’s companion in mid-July, the family has been able to take Carter shopping and on a family vacation. They got to hear him speak his first meaningful words, commanding Corbin to “wait” and to “hold.” And because Corbin relieves his fear and anxiety, Carter has begun interacting with people.

Melissa Kalbfleisch testified the dog is able to calm her son more quickly and efficiently than the teachers and aides. Tantrums, anxiety, incessant hand-flapping and breakdowns that took teachers 30 minutes or more to stop take just a few minutes with Corbin intervening.

Every public place, store and restaurant has welcomed Corbin as a service dog without issue, Chris Kalbfleisch said.

Melissa Kalbfleisch testified she has become a certified dog handler and is required, by law, to be in attendance in public places where Carter and Corbin are. She would be on hand for any issues that should arise at school, she said.

“I did not purchase this animal for Carter’s education, I bought this dog to aid him in his disability,” she said. “I quit my job when Corbin came to our house so I could dedicate my life to making this work for my son.”

Related article: Dog attends class with autistic boy; battle looms

Source: http://www.bnd.com/372/story/898348.html

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Family sues after Columbia school bars service dog for autistic student

August 18th, 2009

The Autism News | English

BY JENNIFER A. BOWEN | News-Democrat

Corbin is more than just man’s best friend — he’s an autistic child’s link to the world.

An 11-month-old Bouvier, Corbin has already helped Carter Kalbfleisch, 5, in ways his parents never thought possible.

Chris and Melissa Kalbfleisch have thrilled at the changes in their son and are eager for Carter and Corbin to strengthen their bond so Carter will make more progress.

But Columbia Community School Unit 4 won’t allow the certified service dog into the school.

The Kalbfleisches filed a lawsuit in Monroe County Circuit Court seeking an injunction in accordance with state and federal law. Their motion cites state law 105 ILCS 5/14-6.02, which reads, “… Service animals such as guide dogs, signal dogs, or any other service animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom.”

Superintendent Ed Settles declined to comment citing pending litigation.

Tiffany Denyer, Corbin’s trainer and owner of Wilderwood Service Dogs in Tennessee, said many schools are unaware of the public access provided to service dogs under federal and state law.

“Every single one of my clients meets resistance at first,” she said. “From that point on, about half of my clients are able to figure it out and move forward and there is no problem. The other 50 percent have meetings with school officials, and lawyer letters are sent and the dog is let in because it’s the law.”

Certified service dogs are also protected under the federal Americans with Disabilities Act and are allowed access to any public environment. They can be denied access to private homes, but all public places must permit service dogs.

“Unfortunately, about 2 percent have to go through what the Kalbfleisches are going through,” Denyer said. “It really should be a non-issue. It’s federal law that service dogs be allowed to go wherever the child goes.”

A hearing scheduled for Thursday afternoon before Monroe County Circuit Judge Dennis Doyle has been postponed until next week. It is the third time the hearing has been reset, Chris Kalbfleisch said.

The Kalbfleisches spent nearly $10,000 to train Corbin and another $1,500 for a trainer from the Tennessee center to teach Carter’s teachers how to interact with Corbin and Carter. But the teachers never had the opportunity to receive the training because the district won’t allow Corbin into the school.

Carter has tantrums and anxiety attacks; he doesn’t speak, and he attempts to escape the family home. He also has Pica, a disorder that compels him to eat anything new to him, such as rocks or mulch or other nonfood items.

Since Corbin became Carter’s companion in mid-July, the family has been able to take Carter shopping and on a family vacation. They also got to hear him speak his first words: He commanded Corbin to “wait” and to “hold.”

“We were never really able to go into public before,” Chris Kalbfleisch said. “Now, we go out, and he follows this big dog. I guess he feels safe because he has his buddy with him. If he gets scared, he grabs Corbin’s handle and knows Corbin will get him to the right place.”

The pair has gone to stores, restaurants and the zoo, places Carter’s tantrums and anxiety had prevented him from visiting.

“We have not had one place that had any kind of problem with the dog,” Chris Kalbfleisch said. “As soon as they see his service-dog tag they are happy to have him there.”

Corbin is bringing out the child inside Carter that had been locked away by the autism.

“He has never tried to communicate with anybody,” Kalbfleisch said. “Now, when he goes out in public, they see his dog and everybody comes over and wants to see his dog. That means a lot to him because people are interacting with him. He is so much happier. It’s been really wonderful to see the changes in him.”

Corbin’s trainer said the dogs give autistic children something adults cannot.

“The dogs provide anxiety reduction,” Denyer said. “If you mitigate the anxiety, you free up whole portions of the brain to see life and interact with it more and not be so paralyzed. The dog is constantly there, constantly attempting to interact and begging for touch and giving constant positive reinforcement for the child to come out. The dog pays attention to their attempts to speak, even if they aren’t words we recognize, and the dog responds. It’s immediate, positive reinforcement and that’s something we as adults can’t give them, but the dog can.”

The Kalbfleisches started down the road to obtaining Corbin in November and attempted to talk to the school district about it then, Chris Kalbfleisch said.

“We didn’t think we’d have any problems,” he said. “We talked to other school districts that have allowed the dogs in the school, and they said some of the parents would be concerned about the dog being in the school and they recommended holding an assembly at the beginning of the school year to let the students and staff see the dog and learn about what he’s trained to do.”

The couple prepared for a school assembly, putting together informational packets and making plans. The family met with the school board in April to finalize plans and talk about Corbin and Carter’s upcoming school year.

“When the meeting started, we knew right away that we would have a problem,” Chris said. “We knew they didn’t like the idea. At the end of June, the superintendent finally got in contact with us and told us flat out he wouldn’t allow the dog in the school.”

Chris Kalbfleisch wondered whether a seeing-eye service dog would have been met with the same resistance.

“Carter has autism, and they probably feel like this is just some kind of experiment and they don’t want to deal with it,” Chris Kalbfleisch said. “The teachers at the school have done an excellent job with Carter and we love what they are doing. We thought this would be something they could incorporate into their program.”

School begins Wednesday, and Carter will start pre-kindergarten special education classes.

Source: http://www.bnd.com/homepage/story/886605.html

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