Newsday.com
East Meadow bars boy's service dog despite order
BY CARL MACGOWAN, Newsday
carl.macgowan@newsday.com
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Despite a state order in his favor, a hearing-impaired Westbury teenager was barred Tuesday morning from bringing his service dog to school.

John Cave, 15, his mother, his twin sister and a family attorney were met at the entrance of W. Tresper Clarke High Scool in East Meadow by principal Timothy Voels, who refused to allow the dog inside the school. The Caves and attorney Paul Margiotta then left, and John Cave did not return to school.

"I don't think they know what they're doing," John Cave said of school district officials, who have said the dog, Simba, poses a safety threat to other students. "I think they're going to be in big trouble with the state."

The incident was the latest salvo in a year-long battle between the Cave family and the East Meadow School District over John Cave's desire to bring Simba to class.

The Caves on Monday received the support of the state Division of Human Rights, which ruled that the school district's policy discriminates against disabled students. Human Rights Commissioner Kumiki Gibson said in a 24-page decision that the district was in violation of two sections of state human rights law.

East Meadow Superintendent of Schools Leon Campo said Monday the district would appeal the decision.

The confrontation on Tuesday morning lasted less than a minute as reporters watched from a distance. Margiotta said Voels, who was accompanied by a sign language interpreter, told the family that the district would not abide by the state's ruling.

"They said the commissioner's decision is not enforceable without a court order," Margiotta said. "This school is out of control." He said he will seek a court order to force the school to admit Simba when the district files its appeal.

With Simba lying at his feet, John Cave said he was nervous before going to school Tuesday morning.

"I didn't get enough sleep last night, so I'm going to go home and rest," he said.

Copyright © 2008, Newsday Inc.

March 11, 2008
State Says Deaf Student May Take Service Dog to School
By WINNIE HU, NY TIMES

More than a year after the East Meadow School District in Nassau County barred a deaf high school student from taking his service dog to school, a state official ruled on Monday that the district had violated the state’s Human Rights Law.

The 21-page ruling by Kumiki Gibson, the commissioner of the Division of Human Rights, found that students with disabilities were entitled to have a service dog with them in school under state law and ordered the East Meadow district to change its policy immediately.

In a phone interview, Commissioner Gibson said the ruling set a precedent for public school districts across the state, though she currently knew of no other district where the issue had been raised. “State law provides for an absolute right to students with disabilities to use a guide, hearing or service dog in school,” she said.

The Division of Human Rights began investigating East Meadow’s policy after learning that John Cave Jr., now 15, had been denied permission to take his dog — a yellow Labrador retriever named Simba — to his classes at W. Tresper Clarke, a combined middle and high school campus with 1,500 students.

Leon J. Campo, the East Meadow schools superintendent, said that the district had reached its decision after concluding that having a dog in school would provide no instructional benefit to the student, and could pose a health risk to students with severe allergies and create safety issues during fire drills and practice lockdowns.

“We are responsible for all the students in our care,” he said. “You really have to think health and safety first, and then you educate.”

Mr. Campo said that the district housed a county program for hearing-impaired students and that none of those students had requested the presence of a service dog.

Carol Melnick, a lawyer for the district, said that the ruling would be appealed in State Supreme Court, automatically staying the order for the change of policy.

John Cave’s mother, Nancy, said that her son, who has cochlear implants, was trained to handle the dog and that air filters could be installed for students with allergies. She said that Simba accompanied her son almost everywhere, alerting him to sounds he cannot hear, like fire alarms or someone calling his name.

In January 2007, the Cave family filed a federal lawsuit against the district over the issue, seeking $150 million in damages for a violation of John Jr.’s civil rights. A federal court later dismissed the case, saying that the family had not pursued all its options with the school district.

Paul J. Margiotta, the family’s lawyer, said on Monday that the family planned to file a state lawsuit against the district within a week, claiming $150 million for violation of civil rights.

Newsday.com
Agency files complaint over service dog ban
BY CARL MACGOWAN, carl.macgowan@newsday.com
9:52 PM EST, February 14, 2007
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As lawyers for a deaf student and the school district that has barred his service dog from class continued battling in court, state human rights officials said Wednesday that the district may be guilty of discrimination.

The state Division of Human Rights said the East Meadow School District was involved in "unlawful, discriminatory practices" against several students who use assistance dogs, including John Cave Jr., 14, the deaf Westbury boy whose family is suing to force the district to let the boy's dog into school.

The agency, in a statement, said school district officials were "not open to settlement." A hearing will be scheduled on the matter, the agency said.

East Meadow Superintendent Robert Dillon said he had not seen the complaint and could not comment.

The school district has blocked Cave's service dog, Simba, from entering W. Tresper Clarke School, where the teen attends ninth grade.

District officials say Cave has full access to school without the dog and that the canine would cause health and safety problems for staff and students.

Cave's family says Simba is losing his effectiveness as a service dog because he is away from the student, who uses cochlear implants to hear, for at least six hours a day.

The family has sued the district in federal court for $150 million.

Witnesses Wednesday testified in federal court in Central Islip about Cave's hearing abilities and the possibility that Simba may cause health problems for students and teachers.

Jennifer Ledbetter, an audiologist who tested Cave yesterday morning, said the teen misses 20 to 30 percent of sounds when he uses his implants.

Dr. John Rooney, a Wantagh allergist, said asthma sufferers may have their allergies aggravated by exposure to a dog. He said 21/2 to 5 percent of Americans are allergic to dogs.

District Judge Arthur Spatt noted that Simba sat quietly at Cave's feet during the three-hour hearing.

"The dog is in this room and seems not to have bothered anyone so far," Spatt said. "What is the harm of this boy bringing the dog (to school)?"

The courthouse was ordered evacuated at 4 p.m. because of the weather, but Spatt defied the order when attorneys said their witnesses could not return to court on Thursday.

After more than an hour of testimony, Spatt adjourned the case until Thursday morning and sent everyone home.

"I'm not going to endanger my staff," he said.

When school district attorneys said Rooney had patients to see today, Spatt ordered him to return to court Thursday morning.

"You're going to have to tell your patients to wait," Spatt said.

Newsday.com
Judge: Service dog stance ‘not entirely clear’
BY CARL MACGOWAN, carl.macgowan@newsday.com, February 13, 2007
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After a court hearing marked by opposing lawyers' name-calling and sarcasm, a federal judge Monday said he needs more time to decide whether a deaf student's service dog must be allowed into a Westbury high school.

At a two-hour hearing in U.S. District Court in Central Islip, the attorney for the East Meadow School District said John Cave Jr.'s intended use of the dog was "a detriment to the child" and called John and Nancy Cave, the ninth-grader's parents, "press hogs."

School-district attorney Steven Schlesinger told Judge Arthur D. Spatt that other students at W. Tresper Clarke High School in Westbury might use spitballs or high-pitched whistles to distract Simba, a 2-year-old Labrador retriever. "It will take no time at all for the other kids to figure out how to drive the dog crazy," Schlesinger said.

Paul Margiotta, the attorney for the Caves and their son, 14, said the federal Americans with Disabilities Act requires the district to allow Simba in the school.

Margiotta noted that the dog is trained to ignore distractions. He turned sarcastic as he refuted Schlesinger's charges.

"What I hear is the obnoxiousness of a school district that thinks they know what's best for the child," Margiotta said in a mocking tone. "What the district is asking you to do is ignore the law and the legislature because they don't like it."

The Caves were seeking an injunction from Spatt ordering the district to let John bring Simba to school. The Caves filed the federal lawsuit against the district last week, seeking $150 million in damages. They also have filed a notice of claim in State Supreme Court in Nassau County.

The Caves have argued in the months-long dispute that John, who can hear only with cochlear implants, needs the service dog for his safety and because Simba's effectiveness as a service dog is impaired if their son spends too much time away from him. The district says John does well in school without the dog and contends that Simba would be a health and safety hazard to other students and staff.

Spatt was skeptical of arguments on both sides, at one point questioning Schlesinger's claim that students may be allergic to Simba. "People have allergies to pets?" Spatt said.

Spatt ordered the two sides back to court Wednesday.

"This is a not entirely clear situation," the judge said.

Copyright © 2008, Newsday Inc.