Family loses fight for autistic son to have service dog in class

Ontario's human rights tribunal has ruled that a nine-year-old autistic boy in Waterloo, Ont. can't bring his service dog with him intoclass.

The decision says Kenner Fee's family failed to prove that havinghis black Labrador Ivy in the classroom would help him with hiseducation.

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Adjudicator and tribunal vice-chair Laurie Letheren found thatthe Waterloo Catholic District School Board took all necessary stepsto evaluate whether the dog was needed in the classroom, andsupported the board's decision not to allow the service animal tosit beside Kenner during lessons.

The tribunal heard from Kenner's family that his autism leaveshim prone to agitation, emotional outbursts and even bolting fromhis surroundings, but that having Ivy beside him significantly helpsregulate his behaviour.

Letheren accepted that evidence, but also accepted testimony fromschool board staff suggesting Kenner was performing well in classwithout Ivy, and that any problems he was encountering would notnecessarily be addressed by the dog's presence.

Dog 'essential,' says lawyer

Fee's lawyer Laura McKeen says the family is crushed by thedecision and is considering their next steps, including Kenner'sfuture education plans. She says the Fees have the right to appealthe ruling, but have not yet decided if they will do so.

"They truly believe that Kenner's service animal Ivy isessential to his entire life, including and specifically hiseducation," she said. "The Fees are devastated by the impact thatdecision is going to have on Kenner going forward."

The Waterloo Catholic District School Board did not commentspecifically on the decision other than to acknowledge the outcomein their favour.

"We work alongside families to make student-centred,individualized decisions that we collectively believe will allow
them to flourish," Director of Education Loretta Notten said in astatement.

"Student success is of paramount importance to us and westrive to bring each one to their fullest potential."

Independence, performance key factors

The Aug. 30 tribunal decision chronicles a fight Kenner's familybegan in April 2014 to get Ivy into the boy's class, something thathas not been allowed to date.

The tribunal heard that Kenner had been matched with Ivy aftertraining with the Lions Foundation of Canada Dog Guides, aninternationally accredited school that provides service dogs toaddress a range of disabilities.

Kenner's father, Craig Fee, told the tribunal that Ivy's presencehad made a noticeable difference in Kenner's life and helpedregulate his behaviour. When he sought permission to bring Ivy intoKenner's classroom, however, the request was denied.

Board employees told the tribunal there were concerns that Ivy would set Kenner back in his independence, adding that he may rely too much on the dog rather than working directly with staff andpeers.

Kenner's father and various professionals working with Kennertold the tribunal the boy's anxiety got worse the longer he wentwithout his service animal during school days.

The decision said that assertion was not supported by testimonyfrom board staff, who said Kenner was largely compliant withinstructions and generally functioning fairly well academically.

Escape threatened

Behaviour tracking sheets submitted to the tribunal notedinstances when Kenner allegedly tried to leave the school yard andeven climb out a window, but a special education teacher downplayedthe incidents in his testimony.

He said in both cases Kenner threatened to go through with anescape, but stopped upon being prompted by a teacher.

The teacheralso denied an incident noted in a behaviour tracking sheetindicating Kenner threw a chair, saying the student had neverintentionally done anything to endanger himself or others.

The teacher testified that Kenner was not visibly upset in class,though he did tell the tribunal that Kenner would sometimes yell outfor Ivy.

Letheren said that while having Ivy there would eliminate thatissue, she said the dog "could not provide indicators about why theapplicant may be feeling so stressed at school."

Letheren also went on to note that Kenner is prone to"exaggerating his situation" according to testimony from both his father and a teacher.

Letheren said the board had taken appropriate steps to putlearning supports in place for Kenner and that Ivy's presence wasnot necessary.

"I find that the evidence demonstrates that the supports andstrategies that the respondent has provided to accommodate hisdisability related needs are providing him the opportunity torealize (his) potential and develop into (a) highly skilled,knowledgeable, caring citizen..."she wrote.

Local board decision

The ruling was met with shock and dismay by some members of theautism community.

Laura Kirby-McIntosh, Vice-President of the Ontario AutismCoalition, said the decision represents a setback for education inthe province since school boards can apply provincial accessibility guidelines according to their own discretion.

"The injustice here is that whether or not service dogs enter aschool is going to be completely left to the discretion of 72 different individual school boards. To me, your rights should notchange depending on your postal code."

Currently, Ontario's education act does not treat schools asspaces that are open to the public, which is what permits boards tobar service animals from the premises if they wish.

Kirby-McIntosh said there's a pressing need for a province-wideeducation standard on all accessibility issues, including serviceanimal access.