FL: Mom sues Broward school district over service dog

A Sunrise mother has filed a federal lawsuit against the Broward School Board, alleging the district discriminated against her disabled 6-year-old son by imposing too many barriers to bringing a service dog on campus.

Anthony Marchante has cerebral palsy and is highly prone to seizures. His medium-sized terrier service dog, Stevie, alerts others to oncoming convulsions and helps calm the boy by licking his face.


Anthony Marchante, 6 attends Nob Hill Elementary School with his cerebral… (Michael Laughlin, Sun Sentinel )

Anthony's mother, Monica Alboniga, said the district at first denied Stevie access to Nob Hill Elementary in Sunrise this year, asking her to provide liability insurance for the dog and additional vaccinations that did not exist. It later waived those requirements but asked Alboniga to provide a handler for the dog since the child was not capable of doing so.

Alboniga's suit, filed this month, claims the district is inflicting extreme hardship on her and violating the Americans with Disabilities Act and The Rehabilitation Act by implementing excessive procedural hurdles. She's asking the district to amend its policies and pay her legal fees.

District officials declined comment, citing pending litigation. However, they said the School Board plans to discuss implementing a new service animal policy Tuesday. It would still require the child's guardian to provide a handler and include insurance requirements.

"There's not a lot of [school] districts that have a policy," said compliance director Dildra Martin-Ogburn. "Service animals have been around for a long time but it's just coming on board where they are coming to schools."

So far, Stevie is the only service animal in the district. Most children rely on pharmaceutical or mechanical cures and those that are visually impaired tend to use walking canes, said Matthew Dietz, a disability rights lawyer representing Alboniga. But the use of service animals is gaining popularity as a form of alternative medicine, experts say.

Alboniga said she goes to school every day just to care for Stevie but isn't allowed to help her son with any other activities.

"I have to be in complete silence all the time just looking at the dog. You always feel uncomfortable," said Alboniga, 36. She says the 42-pound dog does not eat or drink at the school and rarely needs to go to the bathroom.

In Palm Beach County, the district recently adopted its service animal policy. It, too, requires a student's parent to provide a handler should the child be incapable of taking care of the dog. It does not, however, require insurance.

Dietz said districts should train classroom aides to handle the dogs.

"When you are dealing with a seriously disabled child like Anthony, you're feeding, you're toileting, you're doing all these personal services," he said. "It would be no problem for that to be an additional duty."

January 24, 2014|By Karen Yi, Sun Sentinel
Broward parent sues school district over service dog - Sun Sentinel