A family in Memphis, Tennessee, is suing Germantown School District after Dogwood Elementary School allegedly prohibited their son’s service dog from returning to school, reported WREG 3.
Their 9-year-old son is nonverbal, has physical and intellectual disabilities, and suffers from 10 to 15 seizures a day, among other conditions.
The boy, who is not identified in this writing, reportedly received a service dog named Herbie in the spring. The dog is trained to alert others when the boy is about to have a seizure.
According to the lawsuit filed on Nov. 8, the school claims Herbie spent most of his time at school not in the presence of the boy, sniffing others, eating their food, and ignoring commands. The school also claimed that the dog had caused the boy to fall twice.
The article states that the parents, who claim Herbie is well behaved at home, tried to work with the school but the principal told them that the dog was no longer welcome. This would be a violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
The district stated via the article that it has allowed service animals in its schools for several years and will continue to do so. Additionally, the district denied any allegation of violating ADA and Section 5
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