02/21/2017

Mark Richert Mark Richert, AFB's Director of Public Policy

We were very pleased to see the Supreme Court ruling today in Fry v Napoleon Community Schools. The Supreme Court held unanimously that Ehlena Fry's family can pursue a lawsuit against her former public school district for denying access to her service dog, Wonder. The ruling made clear that if a school discriminates against a child for using a dog guide or service animal, parents are legally able to go straight to court to enforce the student's rights under the Americans with Disabilities Act (ADA) and Section 504.

"Nothing in the nature of the Frys’ suit suggests any implicit focus on the adequacy of (Ehlena's) education," Justice Elena Kagan wrote. "The Frys could have filed essentially the same complaint if a public library or theater had refused admittance to Wonder." Therefore, the family does not need to exhaust all of the administrative procedures you typically have to satisfy under the Individuals with Disabilities Education Act (IDEA).

Read the full text of the ruling issued by the Supreme Court (PDF).