Law Wise • 2016-17 (No. 4) by Kansas Bar Association

PUBLISHED BY

LAW WISE FEBRUARY 2017 • ISSUE 4

Coordinators: Hon. G. Joseph Pierron Jr. Anne Woods & Ryan Purcell, KBA staff

Greetings from the Kansas Bar Association (KBA). Welcome to this edition of Law Wise and the fourth edition of the 2016-2017 school year.

IN THIS ISSUE The Americans with Disabilities Act & Service/ Therapy Dogs ��1 Meet Alex White and His Service Dog, Dondo ��2 Service Dogs ��2 A Teacher’s Perspective on Emotional Support Dogs ��3 February Buzz (The Law-Related Collection) ��6 2017 KBA YLS Mock Trial Competition ��6 Librarians Answer Calls on Free Legislative Hotline ��6 Terrific Technology for Teachers ��7 Dear Readers, ��7

Calendar of Events February 20

Presidents’ Day

March 4 Mock Trail Regional Competitions April 1-2 Mock Trial State Competition May 1

Law Day

May 11-13 Mock Trial National Competition

The Americans with Disabilities Act & Service/Therapy Dogs

he Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life — to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services. The ADA is modeled after the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin—and Section 504 of the Rehabilitation Act of 1973. The ADA is an “equal opportunity” law for people with disabilities. To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all the impairments that are covered. This issue of Law Wise features the section of the ADA related to service dogs. This issue will also feature information on emotional support dogs, also called therapy dogs. In 2010, the Department of Justice revised regulations implementing the Americans with Disabilities Act (ADA) for state and local government services and Title III for public accommodations and commercial facilities. The requirements clarify or refine issues regarding service animals. A service animal is defined as a dog that is individually trained to do work or perform tasks for people with disabilities. The work the dog is trained to provide must be directly related to the person’s disability.

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Meet Alex White and His Service Dog, Dondo Alex White is a ninth grader at Bishop Seabury Academy in practice, Boy Scouts and other events with Alex. Dondo is working when he is on a harness and with Alex. Lawrence. Alex has Dondo with him at school and most other activities. Dondo is a Golden Retriever trained as an official There are times that Dondo can be off the harness and do service dog. Alex walks with crutches and will eventually use things without Alex. “At training they explained a wheelchair. Dondo is trained to assist Alex with that Dondo and I may need things like getting dressed, turning on lights, and some time to ourselves,” Alex helping Alex if he falls. Alex attended training to said. “I joined a gaming group learn how to work with Dondo. and that is time that I spend “I lived in a duplex in Washington, Kansas for away from Dondo. When Dontwo weeks. My mom and dad took turns staying do is off harness he can play also. I learned the feeding routine and had to learn like other dogs.” about 50 commands,” Alex explained. The duplex Staff from KSDS Assistance is on the campus of KSDS Assistance Dogs, Inc, the Dogs, Inc and Alex’s parents, only ADI accredited assistance dog school in the Ray and Mari White, worked state of Kansas. They have a reputation for matchwith staff at Bishop Seabury to ing a dog to the recipient’s personality. “They spent a lot of time getting to know me, observing me help them about having a serAlex White with Dondo vice dog at school. “Basic comat school and learning about the things I do and need,” Alex stated. The application process at KSDS Assistance mands were taught to teachers and the school bus driver. The school allowed us to introduce Alex and Dondo and talk about Dogs, Inc includes a video and an interview component. Part of the two week training is spent making sure that the the dos and don’ts,” Mari said. When asked what Alex would suggest that students learn recipient has control of the dog. “We rode the bus, went to Walmart, and spent a day at a school that was not my school about relating to Dondo, he stated “You can look at Dondo but so that they could see how Dondo and I do in a school set- don’t stare. Don’t talk in a high-pitched voice. All the students ting,” said Alex. Dondo also eventually learned to attend choir at my school understand that.”

Service Dogs Here are a few examples of how service dogs provide assistance: • Guiding people who are blind • Alerting people who are deaf • Reminding a person to take prescription medication • Calming a person experiencing anxiety or post-traumatic stress

Are service dogs allowed in schools?

Yes, service dogs are allowed in public schools. Generally, the ADA indicates that businesses, state and local governments, and nonprofit organizations that serve the public must allow service animals to accompany people with disabilities. There are a few things that are helpful to remember when you are near a service dog. A service dog must be on a leash, harnessed, or tethered. The only exception to this is if doing one of these restricts the dog from providing the service it was trained to provide. In this case, the owner must maintain control of the service dog through voice, signal or other effective control.

Service dogs are working animals.

If you are curious about what service the dog provides, you may ask two questions: a) Is the dog required because of a disability? b) What work or task has the dog been trained to do? It is not acceptable to ask what the person’s disability is or to

require documentation of the disability. It is also not ok to ask the service dog to perform the task. Do students with service dogs have to sit in a certain place in the classroom? No. In fact, people who have a service dog cannot be isolated from others, treated less favorably, or charged fees that are not charged to others without animals. What happens if someone at school is allergic to the dog? The ADA requires that an attempt be made to accommodate both the person who is allergic and the person with the service dog. This can be done by sitting at different locations in the room, or if needed, in different rooms in the facility. Is it ever ok to ask that the dog leave? A person with a disability cannot be asked to remove his or her service animal unless the dog is not housebroken or the dog is out of control and attempts to control the dog are not working.

Emotional Support Dogs — Also Called Therapy Dogs

Another type of dog that we often see in a school is an emotional support dog (ESD). An ESD is often called a therapy dog or companion dog. Most of us would agree that all dogs provide emotional support and comfort. Only dogs which have been prescribed by a licensed mental health professional are

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FEBRUARY 2017 | LAW WISE 3 emotional support dogs. One difference from a service dog and an emotional support dog is that the emotional support dog does not have special rights to accompany a person with a disability anywhere that dogs are not generally allowed. Currently, there is no definition of an ESD or therapy dog in the ADA. Here are a few examples of services an ESD provides: • Providing companionship • Relieving loneliness • Helping with depression • Helping with phobias • Relieving stress

Discussion Topics – Service Dogs

When are situations that it would not be a good time? Approaching a Service Dog: When you encounter a service dog in public, you should assume that it is “working,” performing its function in assisting its owner. Often service dogs wear signs asking us not to disturb them while they are working. It is therefore important to ask permission before you give attention to a service dog. Which is, of course, the courteous and safe way to approach any dog. Describe a courteous way to ask the owner for permission to approach their service dog. If you have questions about the ADA, here are a couple of helpful resources:

Source: www.TherapyDogInformation.net

Approaching the Owner of a Service Dog:

A person with a service dog has their dog with them virtually all throughout their day. This could include their commute to work, their workday at the office, running errands at lunchtime, and rushing around the mall doing last minute shopping. In educating others about service dogs, we can point this out and suggest that they be very considerate in deciding when to speak to a person with a service dog. Describe situations that would be a good time to speak to someone with a service dog.

ADA Information Line Specific questions about the rights of service dogs and their handlers can be directed to the Information and Technical Assistance Americans with Disabilities Act Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY). You can also visit the website at https://www.ada.gov/infoline.htm Kansas State Department of Education Questions regarding the ADA and service dogs can be directed to Mark Ward, Attorney II at (785) 296-7454.

A Teacher’s Perspective on Emotional Support Dogs

mma Winkley, is a first-year veterinary student at Kansas State University and interviewed Eve Cummins, Special Education Teacher and therapy dog handler at Sunflower Elementary School in Lawrence about her experience with Lily, the school’s therapy dog. Lily is certified through Loving Paws and has been a therapy dog for eleven years. What does an average day look like for you and Lily at Sunflower? There is not an average, normal, predictable kind of day in the resource Eve Cummins room! There are so many needs that arise or escalate without predictable antecedents. Each day is different. And, Lily simply rolls with it. She does have some routine “appts” with a few students who earn time with her through their behavior plans. She listens to students read aloud for fluency practice, sits with a student who just needs a break, goes to speech or OT or PT with a student, makes deliveries with students practicing following directions and learning independence skills, and whatever else a student may request on a given day. She goes to recess, she goes to specials (she loves PE) and always attends the assemblies if she is at school that day. When she is not with a certain student for a specific cause, she will often sleep under the tables in the resource room and students will casually pet her as they are working. While she is primarily there to support the special education population, general education teachers often will arrive to the

resource room with a request to borrow Lily for a few minutes. Sometimes they have a student who is having a bad day or is sad about something and a visit with Lily cheers them up.

Describe an experience in which Lily had a strong positive impact on a student or group of students.

There are so many to choose from. I wish we had been keeping a journal of all the moments we observe Lily working her magic. She has a positive impact on all the students and clearly is a celebrity at Sunflower. A student who I will always think of as being significantly impacted by Lily’s presence was only at Sunflower for one year. He was at Sunflower for 6th grade. He spoke very little English, and simply spoke very little in general. He used gestures and one word utterances to communicate most of the time. He did not look adults in the eye and showed little emotion. He had a wonderful sense of humor but rarely shared it with his peers or teachers. When he was with Lily, he

Therapy dog Lily and Dorian enjoy some peace and quiet.

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4 LAW WISE | FEBRUARY 2017 spoke clearly and in complete sentences. He looked her in the eyes, he hugged her and smiled at her and showed emotion! Each day, he would check her water bowl, find her toys and play with her, and lie beside her with his eyes closed and his hand on her. I remember that our speech/language pathologist at the time began having Lily join them during their sessions because she was such a motivator for him to use more than one word at a time and Lily celebrating her to practice showing emotion. 12th birthday. We have had students who are terrified of a tornado drill so Lily sits beside them (and does exactly what the kids do- head down, facing wall, a perfect role model!). Some students even have Lily time written in their formal behavior plans! I had a 1st grader last year who adored Lily and his reading instruction with me ended with a few minutes with Lily. He worked much harder on the days Lily was there. He asked me what grade Lily was in and then said he hoped 1st so then she might be in his class someday. Lily sits with students during state/district assessments. Students who are easily distracted or unmotivated during testing will get 5 minutes of Lily time after answering 5 questions with their best effort. The testing takes forever but we get their best work! And finally, one of my favorite Lily stories is when a student was working on an Earth Day project. I was explaining that we honor the Earth because it gives so much to us and we want to take care of it and keep it healthy and happy so it will be here for us forever. His response was “Then we should have a Lily Day!” That makes it pretty clear what kind of impact Lily is making on the students at Sunflower.

Lily relaxing with Dovovan before semester break.

What sort of activities/programs does Lily participate in? Lily is part of our school wide PBS (positive behavior support) system. Students can enter their tickets in a drawing for a chance to take Lily to recess or recently added is the chance to have their picture taken with Lily for a Lily Wall of Fame. She attends counseling and social work sessions with specific students. Also, in 2012, Lily (and Melanie Davies, Lily’s owner) were chosen as Sunflower’s Friend in Education. Each school selects a volunteer who has given time and energy to their school and made a difference Lily the day she was selected as for the students. UsuSunflower’s Friend in Education. ally, parents are chosen. There is a reception at the district office and each principal says a few words about their Friend in Education. Lily is the only canine to have won this award and she stole the show! No surprise, Melanie had her very appropriately dressed with a Sunflower behind her ear. Mrs. Winkley also interviewed Lily’s owner, Melanie Davies. She believes the staff at Sunflower Elementary benefit as much as the students. “The teachers need her and love her as much as the students. Many a time I have been signing her in and have found her missing from my side. I will find her back in the nurses area giving greetings there or she will have found her way into the lounge. My favorite place to find her is in Mr. Diacon’s (the principal) office. She will sit next to his desk and he might be on the phone or working but his hand is always dangling next to her. I think that she believes she is the one getting attention when in fact, she is giving so much love. She is a peaceful presence to all at the school, staff included.” n

Lily participating in a tornado drill.

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Discussion Topics – ESD/Therapy Dogs Approaching Therapy Dogs

Source: www.schooltherapydogs.org The school therapy dogs website serves as a resource for handlers to share information and ideas about therapy dogs in the classroom. One handler uses this four-step process to teach students how to approach and interact with her therapy dog named Copper:

Approach – This expectation covers when it is a good

time to come say hello to Copper and how to approach him. Copper has recess duty and crossing guard duty during the week. These are good times to come say hello to him. Leaving a classroom or jumping out of a class line are not responsible times to come visit. When students approach Copper, they need to walk up slowly. This is especially important at recess where students run from place to place. Another part of this expectation is that Copper can have up to three students with him. If there are already three students around Copper, students know they need to wait for someone to leave before they approach.

Ask – This is a key safety measure both for Copper and the

Discussions Topics

• If you are not sure what to do or how to act around a therapy dog, who should you ask? • Why do you think this handler set a limit of three students at a time to be with Copper? • What are the benefits for the therapy dog and the students if teachers and students follow the rules for interacting with Copper?

Therapy Dogs in the Courtroom

According to a January 5, 2017 article on cbsnews.com, there are 126 courthouse dogs in 34 states that have been trained to provide comfort to children who are being interviewed by law enforcement or testifying in court. They take on the toughest cases when a child has been hurt or sexually abused or witnessed a crime. Children are comforted by the fact that a dog is near and they often will feel more relaxed and able to provide information. Read about Pella, a LabradorGolden Retriever mix who works with children and the courts in Arapahoe, Colorado. http://www.cbsnews.com/news/pella-colorado-courthousedog-for-traumatized-children-testifying-in-court/

kids. Students must ask to pet Copper and I must respond back to them before they pet him. This ensures that I am aware of both Copper’s behavior and the students’ actions. We discuss that people always need to ask to pet dogs.

Pet – For this expectation we discuss that Copper likes to smell a closed hand first and then get scratched under the chin. When Copper first started working in the school, my trainer suggested that Copper be in the sit or down position for greeting kids. This worked out well as the students learned how to ask Copper to sit and he was then paying attention to them and was not surprised by having a small hand in his face.

Goodbye

– I added this expectation to keep a line moving. Sometimes, Copper will have a larger group of students want to say hi. Since only three are allowed around him at a time, we needed to set an expectation that saying hi to Copper is a quick process if there are others present who would like a turn.

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February Buzz

@ The Law-Related Collection, Emporia State University, Teachers College Resource Center

ebruary’s a time to celebrate U.S. Presidents. Our search pulled up more than 170 items. These items are diverse: non-fiction, fiction, DVDs, and lots of books at all levels. Some have only brief references to presidents, and others are totally about the life and times of a president. You can perform your own search by going to: http://emporiastate.worldcat.org and choosing the dropdown box for Resource Center. Or you may follow this link to see what the entire general topic looks like here at the Center: http://tinyurl.com/hjsjrj6. Two relevant DVDs that are available are: • The Ultimate Guide to the Presidents – 3-disc set, run time six hours and eight minutes. • 20th Century: Politics and Presidents – 3-disc set, run time six hours and 50 minutes ADA Resources Our other focus is the ADA, or Americans with Disabilities Act, which prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. We are fortunate to have a collection devoted to assistive tech, a term that broadly includes devices for people with disabilities that enable greater independence. Our collection provides some expensive technology which might include special purpose computers with adaptive switches considered “high tech”; to easily found “low tech” items such as pencil grips. We have a team of experts who come together monthly

to discuss and propose solutions for those who require varying levels of assistance. We have several books that support the use of technology, and DVDs illuminating the challenges faced by individuals with disabilities. • Educating Peter – a documentary featuring the struggles and successes of a boy with Down Syndrome, beginning in third grade. Thirty minutes. • Graduating Peter – follows Peter into middle school, high school and his high school graduation. One hour and 15 minutes. Your queries about materials at the Center are always honored. It may take us a bit to search out an answer, but we will do our best. You may contact us at (620) 341-5292, or use my email, jromeise@emporia.edu. You may also search on your own, using the web site given in the first paragraph. We ship items free of charge, thanks to a generous gift from the Kansas Bar Association. n

Corky the Hornet

Janice Romeise Director Teachers College Resource Center/ Instructional Materials Center Emporia State University (620) 341-5292 emporiastate.worldcat.org jromeise@emporia.eduv

Librarians Answer Calls on Free Legislative 2017 KBA YLS Mock Trial Hotline Competition 1-800-432-3924

oaches and students are preparing for regional competition on March 4 in Olathe and Wichita. This year’s case is a civil case about an unmanned aerial vehicle, or drone, crashing into and causing damage to several gnomes. The question is whether the Estate of Orville Earhart is liable for damages incurred by Taylor Tomte. You can read about the KBA YLS Mock Trial Competition at www.ksbar.org/mocktrial.

ansans can now call a free hotline provided by the State Library of Kansas to get information on legislation, legislative procedure, state government, public policy issues and more. Callers can also leave brief messages to be delivered to legislators as well as request copies of bills, journals and other legislative documents. The hotline is open weekdays from 8 a.m. to 5 p.m. Learn more about additional resources at the State of Kansas Library https://kslib.info

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Te r r i f i c Te c h n o l o g y ADA-US Government site https://www.ada.gov/ada_intro.htm US Dep. of Justice Civil Rights Division Disability Rights Section https://www.ada.gov/service_animals_2010.htm

for

Te a c h e r s

KSDS Inc – Assistance Dogs. Accredited by Assistance Dogs International. www.ksds.org Educationworld.com http://bit.ly/2kGQNLa

Great Plains ADA Center http://www.gpadacenter.org/service-animals

Loving Dogs Therapy http://www.lovingpawstherapy.org/

Approaching Service Dogs and Their Owners http://www.therapydoginfo.net/servicedogs.html

CBS News: Meet the dog that comforts children who testify in court http://cbsn.ws/2kRXuez

Service Animals and the Law http://bit.ly/2kGLk7a Canines in the Classroom: Service Animals in Primary and Secondary Educational Institutions http://bit.ly/2kGNrYT

Learn more about service dogs and therapy dogs working in Kansas: http://bit.ly/2lrqa0W Assistance Dogs in the Community (features Alex White and his service dog Dondo) By Liz Weslander/photos by Steven Hertzog Lawrence Business Magazine Q1 2016

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The Kansas Bar Foundation, with Interest on Lawyers’ Trust Accounts (IOLTA) funding, provides support for this publication. Law Wise provides general information about law-related matters of interest to teachers, students, and the public in Kansas, but does not provide any legal advice, so readers should consult their own lawyers for legal advice. For further information about any projects or articles, contact Anne Woods, public services director, (785) 234-5696. Law Wise is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806, during the school year.