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

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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