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2/23/2017 4:31:46 AM
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ehlena and wonder win supreme court case

http://www.oann.com/a-girl-named-ehlena-and-a-dog-named-wonder-win-at-u-s-supreme-court/ [spoiler][quote](Reuters) – The U.S. Supreme Court on Wednesday sided with a disabled Michigan girl whose school refused to let her bring her service dog to class, making it easier for students like her to seek redress for discrimination in federal court. The justices ruled 8-0 that Ehlena Fry, 13, and her parents may not be obligated to go through time-consuming administrative appeals with the local school board before suing for damages for the emotional distress she said she suffered by being denied the assistance of her dog, a goldendoodle named Wonder. Ehlena was born with cerebral palsy, a neurological condition that severely limited her mobility. Wonder was trained to help her balance, retrieve dropped items, open and close doors, turn on lights, take off her coat and other tasks. “I saw with my own eyes how Wonder helped my daughter grow more self-reliant and confident,” Stacy Fry, Ehlena’s mother, said in a statement. “We are thankful that the Supreme Court has clarified that schools cannot treat children with disabilities differently or stand in the way of their desired independence.” The justices sent the case back to a lower appeals court to determine whether Ehlena’s complaint involves the impermissible denial of a proper special education. The dispute arose in 2009 when Ehlena’s elementary school in Napoleon, Michigan refused to allow her to attend school with Wonder. The school said she already had a one-on-one human aide, as part of her individualized special education program. The family eventually moved to a different school district where Wonder was welcomed. They filed suit in 2012 in federal court, claiming discrimination under the federal Americans with Disabilities Act, which permits service dogs in public institutions. The American Civil Liberties Union, which represented the family, said the ruling will remove unfair legal hurdles for victims of discrimination that prevent students from seeking justice guaranteed by the Americans with Disabilities Act. Napoleon Community Schools Superintendent Jim Graham said he had no comment. Ehlena and her parents sued the school district seeking money damages for emotional harm, claiming the school deprived Ehlena of her independence, including in intimate settings such as the bathroom. Wednesday’s ruling overturned a 2015 decision by the 6th U.S. Circuit Court of Appeals in Cincinnati, Ohio upholding a dismissal of the lawsuit. The appeals court had said that under the Individuals with Disabilities Education Act (IDEA), a federal law governing special education, the family had to exhaust all of the administrative hearings in its service dog dispute with local and state officials before filing suit. Writing for the court on Wednesday, Justice Elena Kagan said that if the substance of a lawsuit does not claim the denial of a proper special education under IDEA, then exhausting the administrative remedies is not required.[/quote] [/spoiler] So, this girl (more like her mom) brings this case to the supreme court. First off, how did this case get past the lower courts? how is it so freakin difficult to just say "the school already has a procedure set up for you" and leave it at that? Second, why is the federal court getting involved in it? ignoring those two very significant points, thirdly id like to know why this one disabled child should get such "special treatment" despite, and i quote, [quote]“We are thankful that the Supreme Court has clarified that schools cannot treat children with disabilities differently or stand in the way of their desired independence.” -stacy[/quote] what does this even mean? so, treat her like everyone else and take away all measures currently in place to aide with the childs disability? should we hold her to the same standards as "normal" kids? you cant say she should be treated the same because they literally cannot be put through the same things as the normal class. Finally, the school district has to have solutions for these special needs children, so theres no legitimate issue here besides treating one child like a special snowflake (while the parents INSIST she be treated normally)

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  • dude who cares did you read about the dog like bruh i need a dog like that and im not even disabled

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    • "special treatment" the school was not letting her bring her service dog with her, a service dog that helps her function throughout the day I might add. Letting her bring the dog to school with her would not be special treatment as the dog is integral to her success in a learning environment. Asking her to go to class without her service dog would be like me trying to function without my wheelchair. We have the ADA act for a reason "so, treat her like everyone else and take away all measures currently in place to aide with the childs disability? should we hold her to the same standards as "normal" kids? you cant say she should be treated the same because they literally cannot be put through the same things as the normal class." You seem to misunderstand what the mother means, she means that she wants her daughter to be treated equally compared to the other students, all the school needed to do to fix this was allow her to bring the service dog with her.

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      • [quote]http://www.oann.com/a-girl-named-ehlena-and-a-dog-named-wonder-win-at-u-s-supreme-court/ [spoiler][quote](Reuters) – The U.S. Supreme Court on Wednesday sided with a disabled Michigan girl whose school refused to let her bring her service dog to class, making it easier for students like her to seek redress for discrimination in federal court. The justices ruled 8-0 that Ehlena Fry, 13, and her parents may not be obligated to go through time-consuming administrative appeals with the local school board before suing for damages for the emotional distress she said she suffered by being denied the assistance of her dog, a goldendoodle named Wonder. Ehlena was born with cerebral palsy, a neurological condition that severely limited her mobility. Wonder was trained to help her balance, retrieve dropped items, open and close doors, turn on lights, take off her coat and other tasks. “I saw with my own eyes how Wonder helped my daughter grow more self-reliant and confident,” Stacy Fry, Ehlena’s mother, said in a statement. “We are thankful that the Supreme Court has clarified that schools cannot treat children with disabilities differently or stand in the way of their desired independence.” The justices sent the case back to a lower appeals court to determine whether Ehlena’s complaint involves the impermissible denial of a proper special education. The dispute arose in 2009 when Ehlena’s elementary school in Napoleon, Michigan refused to allow her to attend school with Wonder. The school said she already had a one-on-one human aide, as part of her individualized special education program. The family eventually moved to a different school district where Wonder was welcomed. They filed suit in 2012 in federal court, claiming discrimination under the federal Americans with Disabilities Act, which permits service dogs in public institutions. The American Civil Liberties Union, which represented the family, said the ruling will remove unfair legal hurdles for victims of discrimination that prevent students from seeking justice guaranteed by the Americans with Disabilities Act. Napoleon Community Schools Superintendent Jim Graham said he had no comment. Ehlena and her parents sued the school district seeking money damages for emotional harm, claiming the school deprived Ehlena of her independence, including in intimate settings such as the bathroom. Wednesday’s ruling overturned a 2015 decision by the 6th U.S. Circuit Court of Appeals in Cincinnati, Ohio upholding a dismissal of the lawsuit. The appeals court had said that under the Individuals with Disabilities Education Act (IDEA), a federal law governing special education, the family had to exhaust all of the administrative hearings in its service dog dispute with local and state officials before filing suit. Writing for the court on Wednesday, Justice Elena Kagan said that if the substance of a lawsuit does not claim the denial of a proper special education under IDEA, then exhausting the administrative remedies is not required.[/quote] [/spoiler] So, this girl (more like her mom) brings this case to the supreme court. First off, how did this case get past the lower courts? how is it so freakin difficult to just say "the school already has a procedure set up for you" and leave it at that? Second, why is the federal court getting involved in it? ignoring those two very significant points, thirdly id like to know why this one disabled child should get such "special treatment" despite, and i quote, [quote]“We are thankful that the Supreme Court has clarified that schools cannot treat children with disabilities differently or stand in the way of their desired independence.” -stacy[/quote] what does this even mean? so, treat her like everyone else and take away all measures currently in place to aide with the childs disability? should we hold her to the same standards as "normal" kids? you cant say she should be treated the same because they literally cannot be put through the same things as the normal class. Finally, the school district has to have solutions for these special needs children, so theres no legitimate issue here besides treating one child like a special snowflake (while the parents INSIST she be treated normally)[/quote] Uhh... I'm not sure you understand the legal precedent and the Supreme Court's decision.

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        • Edited by burritosenior: 2/23/2017 4:41:33 AM
          For your first ans second questions, it isnt a matter of 'you got an answer and your topic isn't important enough to move up.' If there is a potential for a violation of constitutional rights, it can move to the Supreme Court. In fact, those are the ONLY cases the Supreme Court has the authority to see- cases interpreting the constitutional rights of folks. It doesn't matter one lick how inconsequential you find the topic. They judge if it violates someones' rights. The school refusing to allow her the use of her service dog violated the Americans with Disabilities Act. So the court overturned it. Schools don't get a free pass to make whatever rules they want mate. Saying people should be told 'those are the rules deal with it' defeats the entire purpose of having courts to defend peoples' rights in the first place.

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