Current mood:

angry

Seven-year old not allowed to have service dog at school
This really makes me angry.



http://www.kentucky.com/mld/heraldleader/news/state/9323350.htm

Rockcastle girl, 7, needs Mikki's help during seizures

By Karla Ward
HERALD-LEADER STAFF WRITER

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.

Cheyenne was diagnosed with epilepsy about two years ago but did not have a service dog at her previous school in Edmonson County.

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.
Reach Karla Ward at (859) 231-3314; 1-800-950-6397, Ext. 3314; or kdooley@herald-leader.com.



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