High Court to hear case of service dog at Mich. school

Sam Hananel
Associated Press

Washington — The Supreme Court is taking up an appeal from a 12-year-old Jackson-area girl with cerebral palsy who wasn’t allowed to bring her service dog to school.

The justices said Tuesday they will consider whether Ehlena Fry’s family can sue the Napoleon Community Schools district for violations of federal disability laws.

Fry’s family obtained a goldendoodle to help her open doors and retrieve items. Her school district initially refused to allow Wonder at school. Officials relented a bit in 2010, but they placed many restrictions on Wonder. Ehlena and her dog later transferred to another school.

Her family sued the school district for violations of federal disability laws. The case was dismissed after a judge said the Frys first had to seek an administrative hearing. An appeals court last year upheld that decision 2-1.

The American Civil Liberties Union, which is representing the family, says the case is important because school districts around the country have repeatedly denied children with disabilities their right to bring service dogs to school. These districts often claim the service animals are not necessary and that the schools can help the children through other means.

The ACLU wants the justices to declare that children prevented from using service animals at school can proceed directly to court without having to go through administrative hearings.

The high court will hear the case when the new term begins in the fall.