‘Herbie is not invited back’: School banishes seizure-alert dog for 9-year-old disabled boy, lawsuit says

Background: Dogwood Elementary School, Germantown, Tenn. (Google Maps). Inset: Germantown Municipal School District principal Jessica Woody (Facebook).

Background: Dogwood Elementary School, Germantown, Tenn. (Google Maps). Inset: Germantown Municipal School District principal Jessica Woody (Facebook).

The parents of a Tennessee third grader with multiple disabilities are suing their school district for refusing to allow the child’s service dog on campus.

Douglas and Sarah Dietz filed a federal lawsuit against the Germantown Municipal School District on behalf of their child, identified in court filings as M.D., who was enrolled at Dogwood Elementary School.

M.D. is a 9-year-old boy who has a twin brother, N.D. Both boys have profound disabilities that qualify for legal protection under Section 504 of the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA), the lawsuit says, and both are nonverbal. N.D. has Down syndrome and intellectual disability, and M.D. has an extremely rare chromosomal condition. M.D. has both an Individualized Education Program (IEP) and an Individual Health Plan (IHP) protected by federal law. The twins also have two younger siblings who also attend school in the district.