dkeller@observer-reporter.com

The parents who aren't permitted to bring a service dog to school for their 7-year-old autistic son have filed a complaint against Trinity School District with the U.S. Department of Justice.

Linda and Robert Dallatore filed the complaint Monday, claiming the district is violating the Americans with Disabilities Act, which allows service animals anywhere.

Jamie Hais, a spokeswoman for the U.S. Department of Justice, said Wednesday that the department doesn't have the authority to investigate complaints about disability discrimination in public schools. The U.S. Department of Education has that responsibility, she said.

If the Department of Education can't resolve the problem administratively, it can refer the matter to the Department of Justice for litigation, she said. However, Hais said, the department has never received a referral about service animals in public schools from the education department.

The Dallatore family received the dog, Jiffy, on March 21 for son Bradley. When Bradley was 3, he was diagnosed with pervasive development disorder, which is a form of autism.

Jiffy is trained to help calm frustration and anxieties and reduce behavior disruption.

Linda Dallatore had been taking Jiffy to Trinity West Elementary School to meet Bradley when he was released at 1 p.m. Last week, she was told she could no longer bring the dog because some students are allergic to dogs and others are afraid of them.

The family wants to bring the dog to school to meet Bradley so the two will have those extra minutes to bond. They've suggested having the dog with Bradley in school during the summer to see how it goes.

"We're not asking for them being in the classroom yet," Dallatore said Wednesday. "They are not ready for that."

Superintendent Thomas Turnbaugh said Wednesday that the district is following the proper procedures under state and federal law when parents want changes in special education services for their child.

"A school district has to assess whether there is a reasonable accommodation," he said.

Some staff members and parents have voiced concerns about having a dog in the school, including fear phobias and medical problems, Turnbaugh said.

"I've had parents on the other side call and say their child would go into shock if a dog was in the room," he said. "We are trying to do what is right for all students."

He said the family was told they would have a meeting to discuss the dog and that meeting occurred Tuesday. The district may be able to provide an accommodation for the Dallatores, he said.

"We need to have all of the facts," Turnbaugh said.

Within 10 days of the meeting, the district must make a decision, he said. If the district ends up denying access to the dog, there are steps the family can take, including mediation and due process, he said.

Dallatore said Turnbaugh told her at the meeting that he would never allow a service dog in school and that the district solicitor advised that he was within his rights not to allow the dog on school property.

The Dallatores say that Bradley has been calmer since Jiffy arrived in mid-March.

In February, Bradley was suspended after he head-butted a teacher and broke her nose when she was trying to calm him down. Two hours later, he bit the special education director when she had two aides lead him out of the cafeteria, Dallatore said. She said school officials suspended her son for seven days, but then rescinded the action because of his autism.

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