Posted on 08/05/2004 12:01:14 PM PDT by freeeee
On 7-year-old Cheyenne Gilliam's first day at Mount Vernon Elementary yesterday, her new principal, Leon Davidson, explained to her classmates that the dog she brought to school isn't a pet: It's a working dog trained to respond to Cheyenne's epileptic seizures.
But the pair's first day in second grade ended abruptly when Rockcastle County Schools Superintendent Larry Hammond notified Cheyenne's parents, Jennifer and Anthony Gilliam, that the dog was, in a manner of speaking, being suspended.
Two hours after the day began, the family took the dog, and their daughter, home.
Hammond said in an interview that he wants to find out whether the school is legally obligated to allow Cheyenne to bring Mikki, a 55-pound Wei-mar-aner, into the classroom. The school board's attorney is reviewing the case.
"I've never dealt with a situation quite like this," he said. "I regret the inconvenience to the parent and the child."
Jennifer Gilliam said she's frustrated that the issue is coming up now.
When the family first bought their house in Rockcastle County two months ago, she said she began working with the school system to ensure that it was prepared for the dog, which came home with the family Sunday after five months of training. Gilliam said she had responded to the district's questions, sent in the paperwork officials required and worked with them to draw up plans for how the dog would be handled at school.
Although he has not had any complaints from parents, Hammond said the dog could be a liability to the district and might disrupt the classroom. He also noted that some children might fear dogs or be allergic to them.
"It's my responsibility to see to the safety and the well-being of all," Hammond said. "I would rather look at getting an instructional assistant and training them."
But a human aide couldn't do all the things Mikki can, Jennifer Gilliam said.
She said the dog senses oncoming seizures and alerts Cheyenne by obsessively licking the palms of her hands. That cues Cheyenne to sit down on a mat on the floor, so she will not hit her head on furniture.
During a seizure, Mikki lies across the girl, providing a sense of security. When Mikki gets up, Cheyenne knows it's safe for her to get up, too, Gilliam said.
Cheyenne takes medicine that helps prevent seizures, but she still has three to five "full-blown" episodes a week, Gilliam said.
The family raised $8,000 to pay for the dog and its training as well as training for Cheyenne in Oxford, Pa., where Gilliam said the girl had to prove "that she can handle the dog in any situation."
A lawyer with expertise in service animals and the protections guaranteed their owners under the Americans with Disabilities Act said he does not believe Hammond has the right to stop the dog from coming to school, as long as Cheyenne truly has a disability and Mikki truly is a service dog.
"Unless this dog is menacing the other children, that superintendent doesn't have a leg to stand on," said Aaron McCullough, who works for the Texas-based Disability Law Resource Project.
Gilliam said she believes her refusal to have an "Individual Education Program" drawn up for her daughter is part of the problem.
She said the plan would involve not only testing Chey-enne's intellectual capability, but also her mental and emotional health, something that is not required for most children.
Gilliam said her daughter is a good student and she does not want her treated differently.
McCullough said the refusal of the plan shouldn't matter, since the plans "are for students who have learning impairments or disabilities that affect their ability to learn."
"There's no other formality they (the Gilliams) have to go through," he said.
However, Kentucky Department of Education spokeswoman Lisa Gross said the plans "are also for kids who have physical disabilities," and unless parents agree to setting one up, schools are not required to provide special accommodations.
The family is filing a complaint with the U.S. Department of Education and will continue going to school each morning to see whether Mikki can go in. If she can't, both the dog and Cheyenne will go back home. Gilliam said she hopes the situation is resolved quickly, as Hammond has pledged.
"I really don't want her to fall behind," she said.
(Article posted for educational purposes only)
That could be true--I've heard countless horror stories of parents who refuse to get an IEP because of the stigma attached that it means their child is "retarded." Of course, there are plenty of horror stories on the other side as well.
My understanding is that if the school needs to make some sort of accomodation based on a disability, an IEP is needed. In your example, a wheelchair, the school doesn't need to make any accomodations (outside of things already covered by the ADA), whereas in this instance there would need to be significant modifications because of the presence of a dog in the classroom.
That being said, I do think the mom is being a bit of a prima donna.
At some time, everyone hasn't attended public school before.
who has a handicap that will probably get her teased
Everyone who attends school gets teased.
and who will have at her side a weapon that kills many people in this country every year
WOW her dog kills people every year?!
It's important to test the girl FIRST and make sure that she A) is mentally prepared for school B) doesn't harbor any resentment issues over being "different" from the other kids C) knows how to control her temper so she doesn't set her dog off.
D) Needs the school to ask meddling, intrusive questions that are none of their business and just might get her medicated?
I agree the psychological test part is inane. My guess is that is part of the IEP process, and in her case would consist of a few short questions and that's all.
But you've got to understand why that is. My wife teaches special ed, and has told me about countless issues where a child will come in needing special services in, say, reading, and it will turn out that the child is suffering from some serious psychological trauma. You would not believe the freaky stuff that schools uncover while doing very routine testing for academic problems.
I'm not saying that is the case here--I'm saying there are good reasons in many cases for requiring those tests, and while it seems silly in this girl's case, she unfortunately is paying for the sins of other people.
I mean, I know it's absurd that I have to take an eye exam to get my driver's license renewed, but I also understand the reasons for that policy.
Public Schools Ping
I totally agree we should lock this girl away from any public teasing. Since she has epilepsy, I suggest a padded room. Not to mention that Trained Attack dog by her side. I have heard many times of blind kids sending their "guide dogs" into attack mode resulting in dozens of deaths a year. (/sarcasm)
...and you refer to the Mom as an Idiot...
A dog in class would probably be a bit of a distraction on the first day. But after the teacher explains to the students why the dog is there, and that the dog is a working dog and shouldn't be petted or bothered in any way by the students, then the students will pay less attention to the dog and focus on their teacher instead.
Absolute utter nonsense. I went all through school--K through 12--with a girl who had epilepsy. Sure, when we were young, maybe up until second grade, her seizures were a distraction...for the first minute or two. You know what us kids learned? We learned how to deal with distraction. We also learned to be grateful that, for the most part, we were normal, healthy kids. I do not recall one single instance in which the girl was picked on, but if that had happened, I bet the kid doing the picking would have been trounced on at the playground.
We had a diabetic girl in my elementary school class. She ate a snack in class, in front of all the other kids every single day.
The first day we asked about it. The rest of the year we didn't care.
And she didn't have to see a shrink either!
opps the idiot comment was a different post sorry
Every child has the right to attend public schools, but schools in turn have the right to impose standards on the behavior and actions of those children. If this girl is claiming to be physically incapable of abiding by the most basic of those rules (sit still in your chair) and requires special treatment, I fully support the right of the school to demand certain tests and evaluations before accommodating her.
So your point is that this girl should not be allowed in a public school because of her medical problem. Perhaps you should think this through more carefully.
This is a public school. This girl is a member of the public. Because of the rule of law she has a right to attend this school. Perhaps you don't understand the laws of this country?
I guess for the same reasons you cited for not allowing her in school (distraction, children will be cruel), then say, a dwarf would not be allowed in school either?
It is unfortunate that this girl's seizures will effect the learning environment for periods throughout the week. Of course, anyone familiar with classroom environments would admit that there are both purposeful and natural causes of disruption that occur in all classes, from potty accidents to talking out of turn.
Children ARE cruel, but this girl will be stronger having coped with such cruelties and those who treat her cruelly will learn that their behavior is inconsiderate and immoral.
Most in the class will also learn that many who suffer seizures are intelligent, productive members of society.
People like Dante, Poe, Jonathan Swift, Handel, Paganini, world leaders, authors, artists, etc.
If a parent wishes their child to be in an educational environment where no children with seizures are allowed, I'm sure there are private institutions that will arrange this. This is one of the 'costs' or 'risks' of attending public schools.
Maybe if she'd had a big dog with her, they'd think twice.
She doesn't even need an IEP, the parents can have a 504 Plan put in place (used more to address medical conditions than academic ones) which is generally easier to get and less time consuming to write up but it is as legally binding as an IEP.
I disagree, but I thank you for toning down your rhetoric.
I have some experience with IEPs in a very restrictive state - NY - and my understanding is that IEPs are not required for non-educational disabilities. Unfortunately, I cannot state that categorically, but that is the way it was expained to me. Also, I believe that the dog is covered under ADA, and is not considered an educational accomodation.
Take care.
Your post #37 is spot on.
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