Staff Report

MT. VERNON — The Illinois Attorney General’s office has filed a motion in the 5th Appellate Court in an effort to intervene in a lawsuit regarding an autism service dog in a Columbia school district classroom.

The lawsuit asking for an injunction in accordance with state and federal law was filed in Monroe County by Chris and Melissa Kalbfleisch on behalf of their 5-year-old son, Carter Kalbfleisch, to bring his service dog into the classroom. The school district denied the request on the grounds it would endanger at least one student who is allergic to animal fur and the dog served no necessary educational purpose, according to information from the Associated Press.

The Kalbfleisch motion states “service animals such as guide dogs, signal dogs or any other service animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom.”

Monroe County Circuit Judge Dennis Doyle stated in his ruling to grant the injunction that the law is not vague, and lawyers for the school allege Doyle misinterpreted the state law.

“The district acknowledges that the school code does allow for a ‘service dog’ at the school,” a statement released by the school district states. “But exercising this right requires meeting certain legal and educational standards that the district does not believe have been met in this case. The district maintains its commitment to providing all students of Columbia Community Unit School District No. 4 with a free appropriate public education. ... While the district recognizes the student’s desire to have his dog at school, it must weigh that desire with the rights of other district children to a safe and healthy learning environment. It is not a simple matter of moving students from one room to another or even one building to another. The district has obligations under both state and federal laws which govern the education of children with disabilities. Those laws contain certain procedural safeguards which must be observed before educational services can be changed.”

The preliminary injunction was granted in August to allow the dog in the pre-kindergarten classroom with Carter Kalbfleisch, who is autistic.

While waiting for the 5th Appellate Court ruling, the Columbia school district is paying for Carter’s transportation to a special needs school — The Illinois Center for Autism — located in Fairview Heights and located about 45 minutes from the family’s home.

Illinois Attorney General Lisa Madigan has filed a motion to intervene on behalf of the family.

According to the Associated Press, Madigan says the outcome of the appeal “has the potential to set precedent that will impact other Illinois students with disabilities who use service animals.”

The Kalbfleish’s lawsuit is one of many in the nation which challenge refusals by schools to allow service dogs in the classroom, including one in Central Illinois, California and Pennsylvania.

The issue of autism service dogs has parents on one side saying the dogs calm their children, ease with transitions and keep their children safe. School districts say the dogs aren’t true service dogs which are necessary to manage a disability, but are only companions that provide comfort.

Madigan and the Kalbfleisches have until Oct. 9 to file briefs in the case. Oral arguments are scheduled for Oct. 28 in Carbondale.