By Sam Hananel
Associated Press
WASHINGTON (AP) — The Supreme Court is taking up an appeal from a 12-year-old Michigan girl with cerebral palsy who wasn’t allowed to bring her service dog to school.
The justices recently agreed to consider whether Ehlena Fry’s family can sue the school district for violations of federal disability laws. Fry’s family obtained a goldendoodle, Wonder, to help her open doors and retrieve items. Her school district initially refused to allow Wonder at school. Officials relented a bit in 2010, but they placed many restrictions on Wonder. Ehlena and her dog later transferred to another school.
Her family sued the school district for violations of federal disability laws. The case was dismissed after a judge said the Frys first had to seek an administrative hearing. An appeals court last year upheld that decision 2-1.
The American Civil Liberties Union, which is representing the family, says the case is important because school districts around the country have repeatedly denied children with disabilities their right to bring service dogs to school. These districts often claim the service animals are not necessary and that the schools can help the children through other means.
The ACLU wants the justices to declare that children prevented from using service animals at school can proceed directly to court without having to go through administrative hearings that can be costly, time consuming and burdensome.
The school argues that exhausting administrative remedies encourages parents and schools to work together to determine the best plan for each child and are a cheaper way to resolve educational disputes.
The Obama administration has backed the Fry family, saying the appeals court’s decision was wrong and “leads to unsound results.” The government said at the time the lawsuit was filed, Ehlena had already moved to a new school district and there was no ongoing dispute to compromise. Requiring her to go through administrative proceedings “would waste time and resources without offering any chance of resolving their actual dispute,” the Justice Department said in a brief to the court.
The high court will hear the case, Fry v. Napoleon Community Schools, 15-497, when the new term begins in the fall.
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