By Hector Flores
Spatt ultimately ruled against the dog, saying that John and Nancy Cave, the parents of John Cave Jr., 14, a deaf student who owns Simba, had not exercised all their options with the East Meadow School District administration.
Spatt announced his ruling on Tuesday at U.S. District Court in Central Islip, and the decision left the Cave family clearly frustrated. ³We are very disappointed, and John Jr. is beyond consoling,² Nancy said. ³The dog belongs with him throughout the day and in school. We are reeling from this right now.²
The school district, however, saw the ruling as positive for all parties. Leon Campo, the district¹s deputy superintendent, said, ³We understand that the judge made the decision and made the right one. Not only for this child, but for all the children that attend the district.²
Although the text of the judge¹s decision was not available at press time, Campo explained that Spatt emphasized that the district provides for the needs of all of the children who attend its schools. ³We were able to demonstrate clearly that we met those needs every day,² Campo said. ³The judge said that the addition of a service animal in this particular case would not add to the benefit for this child and others, and might take away from the overall learning environment.²
According to Campo, the district has a process designed for children with special needs. After the parents of such a student meet with the district, it develops an educational program tailored to the child. This process can be revisited by the parents and district officials at any time, and is usually updated annually. The district argued in court that the Caves never took advantage of the process.
Campo added that the district proved that it had no prohibition against service animals. ³The requirement is that there must be a benefit to the individual who has the service animal, and the school district needs to make a determination on a case-by-case basis,² he said.
Campo concluded, ³This is a decision that makes everyone a winner. The child in this case will continue to have his education met and [so will the] children who would have been affected by the dog in the school.²
The judge¹s ruling on an injunction to allow Simba into the high school was part of a $150 million federal discrimination lawsuit brought by the Caves against the district. In court papers, the Caves claim they were denied their civil rights when the district barred John Jr. from entering Clarke with Simba.
Since January, John Jr. had repeatedly attempted to enter the high school with the dog, and each time he was denied entrance by school administrators on the grounds that the dog¹s presence is contrary to school policy, and may pose health risks to district staff members and students who have severe allergies to dogs.
The Caves insist that their son needs to be with the dog in case of an emergency, and in order to be self-sufficient. Furthermore, they claim, John Jr.¹s right to use the dog is guaranteed by the Americans with Disabilities Act.
As the Herald went to press, the Caves and the district were pondering the next step in the legal process. Campo said the district might call for a dismissal of the suit. The Caves¹ attorney, Paul Margiotta, could not be reached for comment.
Comments about this story? Hflores@liherald.com or (516) 569-4000 ext. 283.
