Canines in the Classroom: When Schools Must Allow A Service Dog to Accompany a Child with Autism into the Classroom under Federal and State Laws.

Tara A. Waterlander JD, LL.M, DePaul University

Abstract

This Article brings attention to the growing U.S. “epidemic” autism spectrum disorder - discussing its history, the common symptoms, various proposed causes, and ways that autism is treated, specifically focusing on the use of autism service animals. Service animals continue to be used to benefit persons with various disabilities, beyond physical impairments such as blindness or deafness, to include mental and emotional impairments, like autism. Thus, this Article discusses in general, the use of service animals, and in particular discusses their use as it relates to autism service animals. Then this Article addresses the various federal and state laws governing whether and under what circumstances a child with autism may be accompanied in public school by his or her service animal. For state laws, the Article discusses three different state law provisions and the case law created under each. It concludes that a model state statute, similar to the Illinois School Code, would alleviate much of the confusion among the parents of a child with autism, the school district, and the courts when such a request to bring an autism service dog into a public classroom is made and therefore, proposes such a model state statute in the Article.