Judge rules in favor of letting autistic boy take service dog to school

Autistic boy’s parents sued after the Cypress School District tried to
keep the animal out. They’ve won a preliminary injunction, but a trial
is expected next year.

Caleb Ciriacks, 7, who is severely autistic, with his service dog Eddy,
who keeps Caleb from running off and knows to intervene when the boy is
getting anxious.

By Victoria Kim, Los Angeles Times

June 15, 2011

By the time summer school starts in early July, Caleb will probably walk
into class with a golden retriever at his side.

Caleb Ciriacks is a 7-year-old severely autistic
<http://www.latimes.com/topic/health/behavioral-conditions/autism-HEBEC0
0003.topic>  boy who for the most part doesn’t speak. He shrieks and
paces when he gets anxious, and on occasion he pinches and scratches
others. Eddy is Caleb’s service dog, tethered to the boy by a red strap.
The dog keeps Caleb from running off into crowds or darting into
traffic, and he knows to intervene when the boy starts to feel anxious.

When Caleb entered first grade last year, school officials in Cypress
refused to let him take Eddy to school. Caleb’s parents sued in federal
court, alleging that the district was discriminating against their son
based on his disability.

On Tuesday, a federal judge in Santa Ana ruled that Frank Vessels
Elementary School must let Caleb take Eddy to school and that the boy
was probably a victim of discrimination. U.S. Department of Justice
<http://www.latimes.com/topic/crime-law-justice/u.s.-department-of-justi
ce-ORGOV0000160.topic>  attorneys filed a “statement of interest” in the
case, saying the school district was violating the boy’s civil rights
and misinterpreting the Americans With Disabilities Act.

The district had argued in court papers that Eddy does not qualify as a
service dog under federal statutes, and that his presence could disrupt
school activities and be burdensome for staff. Attorneys for the school
district also said the dog could undermine Caleb’s independence and
self-control.

U.S. District Judge Andrew Guilford granted a preliminary injunction in
favor of the student, finding that keeping the boy and the dog apart
during school hours could diminish their bond and disrupt their
relationship. Not allowing the dog to accompany Caleb to school “could
cause [Caleb] serious harm in his ability to enjoy any of the benefits
that Eddy was meant to provide,” he wrote.

A trial to determine whether the boy can permanently be accompanied by
the dog at school is expected next year. An attorney representing the
district did not immediately respond to a request for comment.

Guilford, however, said the family would have to post a $50,000 bond in
case the school needs to reassign or hire additional staff to
accommodate the dog. Attorneys for the Disability Rights Legal Center,
who along with the law firm Winston & Strawn represented Caleb’s family,
said they would ask the judge to reconsider the bond because the dog
requires minimal attention and does not pose a risk.

Caleb’s mother, Milka, said she was thrilled by the court’s decision and
hoped it would help get the needs of other autistic children recognized.

“If Caleb is scared, he feels safe having Eddy there,” she said. “Once
they start going to school together, he’ll be able to really make use of
Eddy.”