DETROIT — The U.S. Supreme Court is being asked to take an appeal from an 11-year-old Michigan girl with cerebral palsy who switched schools after her service dog wasn’t welcomed in her district.
The American Civil Liberties Union believes it’s ripe for review because federal appeals courts have given different interpretations of laws protecting the rights of children with disabilities.
“To force a child to choose to between her independence and her education is not only illegal — it is heartless,” said Michael Steinberg of the ACLU in Michigan.
In 2009, Ehlena Fry’s family obtained a service dog to help her open doors, retrieve items and use the bathroom. She was 5 at the time and had mobility problems.
But the Napoleon, Mich., district refused to allow the dog, Wonder, to accompany Ehlena at school. Officials relented by spring 2010, but many restrictions were placed on Wonder in the classroom. Ehlena was subsequently home-schooled.
The U.S. Education Department in 2012 said the girl’s rights had been violated. The school district agreed to let Ehlena return with Wonder, but her parents, fearing difficulties, instead sent her to the Manchester district, which had no problem with the dog.
The Frys sued Napoleon. The case was dismissed on very technical grounds: A judge said the Frys first had to exhaust a series of administrative hearings. An appeals court agreed, 2-1.That’s the issue at the Supreme Court.
Ehlena’s independence is improved and she now goes to school without Wonder.
