Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Justice Dept. Sues Gates-Chili School Dist. Over Service Dog Issue

The U.S. Justice Department has filed a lawsuit against the Gates-Chili School District for refusing to permit a student with disabilities to attend school with a service dog unless accompanied by a separate handler provided by the student’s family.

The lawsuit, which was filed in federal court in Rochester, alleges that Gates-Chili violated the Americans with Disabilities Act.

The case involves 8 year old Devyn Pereira, who is a student at Neil Armstrong Elementary  School in Gates.  The Justice Department says her service dog performs numerous tasks related to the student’s disabilities including alerting about oncoming seizures.

Officials say despite repeated requests, the district has refused to permit the student’s aide, someone who is already provided for the student to help with other tasks, to assist with the dog handling.

Earlier this year, the Gates-Chili District issued a statement that said a ruling issued by the Justice Department was at odds with the language in the ADA regarding service dogs. The district had asked the government to clarify its earlier ruling and  possibly revoke it.

On Tuesday, a district spokesperson said that Gates-Chili has not been served with the lawsuit yet. But she says they are aware of the press release and they believe the lawsuit has no merit.

Randy Gorbman is WXXI's director of news and public affairs. Randy manages the day-to-day operations of WXXI News on radio, television, and online.