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Home » News » Courts, Police, and Fire

Judge rules in favor of Villa Grove boy's service dog

Wed, 11/11/2009 - 11:02am | The News-Gazette
photo-16354
Photo by: Robin Scholz
Kaleb Drew, 6, and his autism service dog, Chewey, wait to get out of the car after Kaleb's first day of school Aug. 21 in Villa Grove. A judge ruled Tuesday that the district must allow Chewey to accompany Kaleb to school.
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TUSCOLA – A Douglas County judge ruled on Tuesday that the Villa Grove school district must continue to allow a 6-year-old boy to bring his service dog with him to attend fall classes.

Nichelle and Bradley Drew of Villa Grove filed suit in circuit court to require the school to allow the dog, a yellow Labrador retriever named Chewey, to accompany their son, Kaleb, to school.

School district attorney Brandon Wright said that Circuit Judge Chris Freese acknowledged the district's case that the situation brought a number of difficult and frustrating issues to bear in accommodating the dog, but ruled that the law trumped those issues.

There were questions as to the dog's training, and even whether it actually functioned as a service dog and not just a companion, Wright said.

The court issued a temporary restraining order earlier this year to allow Kaleb to attend summer classes with Chewey.

The Drews' attorney, Margie Wakelin, who works for Equip for Equality, a federally funded advocacy organization that serves disabled people in Illinois, praised the judge's decision.

"We are very pleased the judge's ruling was constitutional with the Illinois school code's provisions regarding service dogs in school," Wakelin said. "Chewey fits the definition of a service animal and must be permitted in the school. Judge Freese said this wasn't a close call."

Kaleb has autism and needs a service dog to protect him from harm, go to school with him, sleep beside him every night, calm him and serve as a bridge between him and other people.

Autism is a developmental disability that often appears in early childhood and impairs the ability to communicate and interact with others.

Chewey received two years of training at Autism Service Dogs of America, and the Drew family and friends held fundraisers – including a poker run, dinner, auction and concert – to get the $13,500 needed to pay for the dog. The service animal arrived at the Drew home in March.

Kati Witko, a service dog trainer form Oregon, testified at Tuesday's evidentiary hearing about how the dog was trained to work with autistic children. She also described how she worked with Kaleb and Chewey after the dog arrived in Villa Grove.

Nichelle Drew talked about how the dog helps Kaleb and the tasks it performs at school.

The school district has resisted attempts to allow Kaleb to bring the dog to class, and school officials continued to argue against him doing so, Wakelin said.

"A service dog for a person with autism, beyond just a guide dog, which people are familiar with, requires people to broaden their idea of what a service dog assists with," said Barbara Sandler, a spokeswoman for Equip for Equality. "The decision has statewide implications, too, because it is the first time that this Illinois statute has been tested in a court with a decision issued."

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Categories (3):News, Courts, Police, and Fire, Education
Location (3):Tuscola, Local, Douglas County

Comments

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#1
LLP0867 wrote on November 11, 2009 at 11:11 am

I think this is GREAT!! The child relys on this dog to help him day to day. I am happy that the judge saw this for what it was and not what the school implied.

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#2
JoeSixpack wrote on November 11, 2009 at 12:11 pm

Black letter law isn't "fuzzy". Kudos to the decision. Shame on VG schools.

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#3
nmbrugo wrote on November 11, 2009 at 4:11 pm

I wish the article had a statement from Villa Grove schools...

But first and foremost it is our responsiblity to educate children...however they learn best.

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#4
mblulove wrote on November 11, 2009 at 6:11 pm

Great job to the courts for getting this one right! Shame on VG schools for even fighting it to begin with! What a waste of our resources that should've been used to educate our children.

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#5
xraider wrote on November 18, 2009 at 9:11 am

TO THE VILLA GROVE SCHOOL BOARD, DR. POZNIC AND MR HATFIELD:::

You guys really thought you had a case! Your a joke and I hope it wasn't tax dollars you wasted on this stunt. You need to focus on staying in the black and your balance sheet. Leave that family alone for crying out loud, or maybe they should counter-sue your butts for plain out harrassment. Its funny how all your names were left out of the Media!! When in fact, it was all your doing!!! Your a disgrace and should be removed from your positions..

Dont let your titles or degrees get in the way of moral thinking you clowns....

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#6
dlk wrote on March 01, 2010 at 10:03 pm

We run a non profit based in Peoria called Paws Giving Independence. We train service dogs and autism dogs for children and adults with disabilities. We place the dogs free of charge and have been an organization for a year and a half. We placed our first three dogs before Christmas. Everything went smoothly, but we are trying to place two service dogs, one in Peoria and one in Bloomington. The schools are saying they can't come. This case gives us hope that we will get our dogs into school. Both boys can handle the dogs independently and will not cost the district any money. I thank this family for fighting for all of us. We plan on doing the same for Peoria. If this family needs help with training for their dog, we are nearby we would be happy to help them. My father actually grew up in Villa Grove. I have not been there since my grandmother died. Anyone needing a dog can contact us at givingindependence.org. Again, we do not charge for our dogs and there is no fundraising required. They must train for 25 hours to learn how to handle their dogs. We train on the Bradley University campus.

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