Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Thursday, September 8, 2011

Federal district court in California grants preliminary injunction allowing student with autism to be accompanied by service dog at school

C.C. Cypress Sch. Dist., ___F.Supp. 2d ____ (C.D. Cal. Jun. 13, 2011), is an interesting case. A federal district court issued a preliminary injunction allowing a student with autism to be accompanied by his service dog at school. The court concluded that the student had demonstrated a likelihood of success on the merits of his Americans with Disabilities Act (ADA) claim that the dog is a service dog under the ADA and the school district failed to demonstrate that its educational program would be fundamentally altered if the dog is allowed to accompany him to school. The court also found that the student had satisfied the other three elements required for issuance of injunctive relief.

Law review commentary on this controversial issue would be most welcome.

Mitchell H. Rubinstein

 

http://lawprofessors.typepad.com/adjunctprofs/2011/09/federal-district-court-in-california-grants-preliminary-injunction-allowing-student-with-autism-to-be-accompanied-by-service.html

Discrimination Law, Education Law, Law Review Ideas | Permalink

Comments

Wow thats a nice improvment i would suggest such a thing to my college :)

Posted by: windows 8 | Sep 9, 2011 8:21:01 AM

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