San Jose family fights for service dog access at school

Service dogs have been found to be beneficial for children with developmental disorders, providing safety and assistance with daily tasks. However, a San Jose family is in dispute with their son’s school over the use of their dog during school drop-offs and pick-ups.

Lydia Truong said her 6-year-old son was diagnosed with autism in June and has a history of eloping or running off, a common behavior among autistic children, when they are out in public.

Her son is a student at Willow Glen Elementary. The school is located on a Main Street and the family said the walk from their parked vehicle to their son’s classroom has been challenging.

To mitigate the risk, the family brought in Maelene, a service dog they said they trained to run after their son and block his path, preventing him from straying too far.

On the first day of school, in early August, the family said their son held on to the dog’s harness as they walked him from their parked vehicle to class but were met with resistance from staff at San Jose's Willow Glen Elementary School.

According to Lydia, the school’s vice principal asked them to remove the dog from campus, after asking if it was registered. Lydia said she pointed out that under the Americans with Disabilities Act (ADA), service dogs do not require registration or certification.

The Americans with Disabilities Act website states, service animals are dogs, of any breed and size, trained to perform a task directly related to a person’s disability. They can be trained by their owner and do not require certification.

Lydia said she immediately contacted the San Jose Unified School District and showed our Investigative Unit an email she said she sent on the first day of school asking for the district to put the denial and reason in writing. She said the district explained she was not to bring the dog back to school until management made a decision on it.

NBC Bay Area's Investigative Unit also reached out to the district on multiple occasions but did not hear back for weeks.

Then in early September, the parents received a letter from San Jose Unified School District stating the dog did not meet the criteria for a service animal. It also noted the following:

• The “dog was observed playfully jumping around with students eager to pet it”--during the interaction in which the mother told the school official she was a service dog.
• As of [the time of the letter], based on information reviewed, “the district understands that your family dog is not trained to do work or perform tasks related to any disability [the student] may have. Instead, it appears your family dog provides emotional support, comfort, and companionship to [the student]”– and they invited the parent to provide any additional information she thought they should consider.
• The student had not been assessed by the district on his disability– in the follow up call asking for the dog to accompany the student, after his autism diagnosis, mother was asked if he had been accessed, and she declined.

The Truongs deny their dog ever jumped or was out of their control, but admit their child was not assessed by the school because they were informed the process could take months and they’re planning to change districts.

Jan Garrett, Deputy Director for the Pacific ADA Center at the Public Health Institute (PHI) and a former attorney with over 25 years of experience interpreting ADA law, said ADA law is commonly misinterpreted.

“As long as the handler gets them under control right away, then that is still a service animal,” she explained. After watching a cellphone video of Maelene performing the task the Truongs trained her to do, Garrett confirmed that Maelene’s task of preventing the child from running into the street qualifies her as a service dog, not just an emotional support animal.

Moreover, Garrett emphasized that schools cannot require an assessment of the child’s disability before allowing a service dog on campus. The only questions permissible, according to Garret and the ADA website, are whether the animal is needed due to a disability and what specific task it performs.

For now, the Truong family has chosen not to bring Maelene back to school, opting to hold their son closely as they walked near the busy street. They also say they are continuing to provide training for Maelene and hired a dog trainer to help.

Garrett advises families considering bringing a service dog to school to communicate with the district beforehand, even if not legally required. She says clarity about the dog’s role and capabilities can help avoid misunderstandings. She also urges school officials and anyone with ADA rights or responsibilities to contact their local ADA Center.

NBC Bay Area shared Garrett’s review with the San Jose School District and asked if they wished to comment, but did not hear back.