USA TODAY International Edition

High court rules for disabled girl, dog

- Richard Wolf

WASHINGTON The proverb “every dog has its day” came true at the Supreme Court on Wednesday for the family of a 13- year- old girl with cerebral palsy and her goldendood­le, Wonder.

In a case that was closely watched by the disability community, the high court ruled unanimousl­y that Ehlena Fry’s family can pursue a lawsuit against her former public school district for denying access to her service dog.

Lower courts had ruled that the family first had to exhaust all administra­tive remedies under the Individual­s with Disabiliti­es Education Act before seeking damages under the Americans with Disabiliti­es Act. But the justices ruled that if the family did not pursue a solution under IDEA, it can sidestep that process in search of its real goal: providing Ehlena with greater physical and emotional independen­ce.

Even so, the 8- 0 ruling leaves open the possibilit­y that a lower federal court still could require exhaustion of the IDEA administra­tive process, depending on further fact- finding.

As often happens as court proceeding­s drag on, Ehlena was moved to a different Michigan elementary school that welcomed Wonder — now 10 and retired as a service dog — and even put the pooch’s mug shot in its yearbook. Over the years, the lawsuit against the Napoleon Community Schools became more about principle than keeping the girl and her goldendood­le together.

A number of justices had seemed sympatheti­c to the Frys’ argument during oral arguments in October. Forcing them to negotiate with school officials over Ehlena’s educationa­l program seemed unfair, they said, when her education wasn’t the problem. Rather, the Frys wanted Wonder — not a human aide — to perform such tasks as helping Ehlena in the bathroom and through doorways.

Chief Justice John Roberts and Justice Stephen Breyer expressed concern that a decision in the Frys’ favor could allow families of children with disabiliti­es to gain an advantage over school districts by threatenin­g ADA lawsuits while negotiatin­g their educationa­l programs. But Roberts acknowledg­ed that requiring the Frys to go through the IDEA process when their concerns were not about education was “a kind of charade.”

The case was the first of two heard this term that could influence how schools handle children with disabiliti­es.

 ?? MOLLY RILEY, AP ?? Ehlena Fry of Michigan sits with her service dog Wonder outside the Supreme Court in October.
MOLLY RILEY, AP Ehlena Fry of Michigan sits with her service dog Wonder outside the Supreme Court in October.

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