A federal appeals court in the Third Circuit (which covers Delaware, New Jersey, Pennsylvania and the Virgin Islands) has issued a ruling upholding the right of a student with disabilities to use a service dog at school as a “reasonable accommodation” under Section 504 of the Rehabilitation Act.
The case involves a 5th grade girl with dyslexia and epilepsy who sought to bring a service dog to school. The dog was trained to alert the girl to the onset of seizures and to provide assistance throughout the seizure’s duration.
The school declined to allow the dog to come to school, suggesting first that the animal would be a distraction to other students, and later that another student was allergic to dogs. Without her service dog, the girl’s seizures became more problematic.
Eventually, she transferred to a new school where the dog was allowed, but had missed so much school that she regressed a full grade level and had to repeat 4th grade. The family sued the school, asserting that it failed to accommodate the girl under Section 504, the ADA and the Pennsylvania Human Relations Act.
The court found that “reasonable accommodations” under the Americans with Disabilities Act were held to apply under the Rehabilitation Act, and “the accommodation of a disabled person’s request to be accompanied by her service animal—absent exceptional circumstances—is per se reasonable.” Advocates see the 37-page ruling as an anti-discrimination victory. The decision is significant for any entity subject to the Rehabilitation Act, which generally applies to programs and activities receiving federal funding and to federal employment. In addition, the court also allowed the student to seek money damages under the Pennsylvania Human Relations Act for the school’s violation of rules concerning service animals.
.