Thursday, Sep. 10, 2009

Appeals court upholds decision to allow service dog in Columbia school

But Monroe County legal fight continues

MOUNT VERNON -- The 5th District Appellate Court in Mount Vernon has denied Columbia School District's bid to put on hold a Monroe County judge's order allowing an autistic student's service dog into the school.

Circuit Judge Dennis Doyle entered a preliminary injunction Aug. 28 to allow 5-year-old Carter Kalbfleisch to bring his service dog, Corbin, into his pre-kindergarten education classes. Doyle's order will take effect Monday, meaning Carter can attend classes before then but without the dog.

The district is still appealing Doyle's decision. The appeal that was denied was a request to temporarily put on hold Doyle's decision in order to keep the dog out of the school while the entire appeal is under way.

Doyle cited Illinois state law in ordering the district to allow the dog into the classroom with Carter, and stated in issuing his ruling that the law is not vague.

The school district's attorneys Christi Flaherty and Barney R. Mundorf asked the appellate court to reverse Doyle's decision. The district argues that allowing the dog into the school would have a "direct and negative impact on at least one other student who attends the early childhood program" because that child is allergic to animals, and that the district is "aware of multiple children with medical conditions which may be impacted by the presence of a dog at school.

According to Clay St. Clair, attorney for Carter's parents, Chris and Melissa Kalbfleisch are "committed to working with Columbia Unit School District 4 in order to assist the school district in complying with the clear mandates of the Illinois School Code."

Carter's parents, Chris and Melissa Kalbfleisch, filed a lawsuit 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."

The school district claims it is in a "Catch-22" situation between meeting the needs of the allergic student and Carter Kalbfleisch's right under state law to take a service dog to school.

During a preliminary hearing in August, the mother of the student with severe allergies said the school district met with her the day before the Aug. 19 hearing to discuss special precautions it would take to prevent her child from having a severe allergic reaction and promised her that no dogs would be allowed in the school.

The district, according to testimony during the Aug. 19 preliminary hearing before Doyle, knew about Carter's service dog at least two years before the family obtained the dog, well before the student who is allergic to animals moved to the district.

District Superintendent Ed Settles denied the family's request for the dog to attend school with Carter in mid-June and on July 17, the family filed suit to force the school district to comply with state law.

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, such as 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.

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.

Melissa Kalbfleisch 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.

In addition, Alan Jones, the president of Kennelwood Pet Resorts in St. Louis, has offered to bathe Corbin weekly and treat him with a product called Shed-X to reduce dander and hair in an attempt to prevent allergic reactions to the dog by staff and students. Jones has also offered to provide a dog trainer to the district to answer questions and address concerns about dog behavior and any issues with Corbin. He is offering his services free of charge to the family and the district.

"Years ago, I worked with a dog at the Judevine Center and I saw the difference a dog can make in the lives of autistic children," Jones stated in a letter to the Kalbfleischs' attorney Clay St. Clair.