Ehlena Fry has a severe type of cerebral palsy, which affects her legs, arms, and body. She has a service dog, Wonder, who is prescribed to her by a pediatrician. Ehlana’s family and pediatrician intended to have Wonder accompany her at all times, including when she went to school.
Napoleon Community Schools and Jackson County Intermediate School District wouldn’t allow Wonder to accompany Ehlena to school. Ehlena’s IEP already provided a human aide. It was decided that a service dog wouldn’t provide any other support that a human aide couldn’t, so Ehlana was forced to attend school without Wonder. After several months of mediation, Wonder was allowed to accompany Ehlana, but only for a trial period. During that time, Wonder had to remain in the room during …show more content…
The parents decided to home school Ehlena and later placed her in a different school where Wonder was allowed to accompany and assist her. The parents also took legal action against the school district.
Ehlana’s parents filed a suit under the Americans with Disability Act (ADA) and Section 504 of the Rehabilitation Act. They filed under ADA and not under The Individuals with Disabilities Education Act (IDEA), because ADA is an anti-discrimination statue that requires equal opportunities, and reasonable modification to rules and policies, for those with disabilities. The district court ruled that the school district had violated these laws.
The school district filed a dismissal of the ruling, on the grounds that the parents had failed to exhaust their administrative remedies and request a due process hearing under IDEA. The district court granted the dismal. In turn, Ehlana’s parents appealed, claiming that IDEA’s provisions and due process didn’t apply. The appeals court decided to uphold the dismissal, proclaiming that the injury to Ehlana was educational, and therefore subject to IDEA