Thursday, Aug. 27, 2009

Columbia schools appeal decision to allow dog; cite allergy concerns

District explains appeal over service dog

Columbia School District attorneys released a statement Wednesday explaining the district has appealed a Monroe County judge's decision to allow a service dog into school with an autistic 5-year-old boy because of children in the school who are allergic to animals.

Monroe County Circuit Judge Dennis Doyle entered a preliminary injunction Friday to allow Carter Kalbfleisch to bring his autism service dog, Corbin, into his pre-kindergarten education classes. Doyle's order would take effect on Sept. 14, meaning Carter could attend classes before then but without the dog.

"The district's compliance with the preliminary injunction will have a direct and negative impact on a least one other student who attends the early childhood program," said the released statement by attorneys Barney R. Mundorf and Christi Flaherty.

"Specifically, the district is aware of at least one child who will suffer serious physical harm if he is exposed to animal hair. Additionally, the district is aware of multiple children with medical conditions which may be impacted by the presence of a dog at school."

Doyle cited Illinois state law when he made his decision to allow the dog into the classroom with Carter and stated during his decision that the law is not vague.

Carter's parents, Chris and Melissa Kalbfleisch, filed a suit in Monroe County Court seeking an injunction in accordance with state and federal law. Their motion cites state law 105 ILCS 5/14-6.02, which reads, "... service animals such as guide dogs, signal dogs, or any other service animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom."

School district attorneys disagree with the judge's ruling and said Doyle has misinterpreted the law and the dog doesn't serve any kind of educational purpose.

"The district acknowledges that the school code does allow for a 'service dog' at school, but exercising this right requires meeting certain legal and educational standards that the district does not believe have been met in this case," read the district's statement. "The district maintains its commitment to providing all students of Columbia Community Unit School District No. 4 with a free appropriate public education."

The school district appealed the decision to the 5th District Appellate Court in Mount Vernon and is seeking to have the injunction put on hold or extended.

"While the district recognizes the student's desire to have his dog at school, it must weigh that desire with the rights of other district children to a safe and healthy learning environment," the statement from the district's attorney said. "It is not a simple matter of moving students from one room to another, or even one building to another. The district has obligations under both state and federal laws which govern the education of children with disabilities. Those laws contain certain procedural safeguards which must be observed before educational services can be changed."

Carter was diagnosed with autism at 18 months, Melissa Kalbfleisch said. He is prone to severe outbursts, anxiety attacks, violent reactions and running away. He is compelled to eat inappropriate things like mulch and rocks, and he doesn't speak. Two specialists at Cardinal Glennon Children's Medical Center in St. Louis prescribed the autism service dog for Carter.

Since Corbin became Carter's companion in mid-July, the family has been able to take Carter shopping and on a family vacation. They got to hear him speak his first meaningful words, commanding Corbin to "wait" and to "hold." And because Corbin relieves his fear and anxiety, Carter has begun interacting with people.

Melissa Kalbfleisch testified the dog is able to calm her son more quickly and efficiently than the teachers and aides. Tantrums, anxiety, incessant hand-flapping and breakdowns that took teachers 30 minutes or more to stop take just a few minutes with Corbin intervening.

Every public place, store and restaurant has welcomed Corbin as a service dog without issue, Chris Kalbfleisch said.

Melissa Kalbfleisch testified she has become a certified dog handler and is required, by law, to be in attendance in public places where Carter and Corbin are. She would be on hand for any issues that should arise at school, she said.

"I did not purchase this animal for Carter's education, I bought this dog to aid him in his disability," she said. "I quit my job when Corbin came to our house so I could dedicate my life to making this work for my son."