C.G. v. Saucon Valley Sch. Dist.

571 F.Supp.3d 430

C.G. a minor, BY AND THROUGH her Parents, and next friends, P.G. and D.G., Plaintiffs,

v.SAUCON VALLEY SCHOOL DISTRICT, Defendant.

No. 5:21-cv-03956

United States District Court, E.D. Pennsylvania.

Filed November 18, 2021

Morris Anthony Scott, Lawrence Lee Wentz, Disability Rights Pennsylvania, Philadelphia, PA, for Plaintiffs.

Timothy E. Gilsbach, Fox Rothschild, LLP, Blue Bell, PA, for Defendant.

OPINION

Plaintiffs’ Motion for a Preliminary Injunction, ECF No. 16 – Granted

Joseph F. Leeson, Jr., United States District Judge

I. INTRODUCTION

This case is about a minor female, C.G., who wishes to go to school with her service animal by her side. The service animal, a dog, has been trained to perform several special tasks, including the ability to detect rising cortisol levels, which can be a precursor to seizures. C.G., who has been diagnosed with multiple disabilities and has a history of seizures, asked the Saucon Valley School District for permission to attend school with her dog. The District said no.

In response, C.G., through her parents, sued the District, alleging discrimination under the Rehabilitation Act ("RA") and the Americans with Disabilities Act ("ADA").

Since C.G. declines to attend without the dog, she is not currently going to school. Instead, the District provides her with up to five hours of virtual tutoring per week. The District maintains that she is welcome to return to school in person at any time so long as she does not bring the dog with her.

The District acknowledges that C.G. is someone with disabilities. However, it does not believe that the dog mitigates those disabilities and is therefore not a true service animal. C.G. now moves the Court to issue a preliminary injunction ordering the District to allow her to bring the dog to school with her while the parties litigate the issue.

Since the Court determines that C.G. has shown a substantial likelihood of success that the dog is a service animal, that she will suffer irreparable harm if she is not allowed to attend school with the dog, and because the District will suffer no harm by allowing C.G. to attend school with the dog, the Court grants C.G.’s motion for a preliminary injunction allowing her to bring her dog to school.

II. FINDINGS OF FACT¹

C.G.

C.G. is a student at a public high school, Saucon Valley High School, which is part of the Saucon Valley School District. See Ans. ¶¶ 8, 11, 13, ECF No. 13. She is currently in her junior year. See id. C.G. has been diagnosed with numerous disabilities, including intractable complex partial epilepsy, dyspraxia (also known as developmental coordination disorder ), and cerebral palsy. See id. at ¶¶ 1, 13. In addition to these diagnoses, C.G. also suffers from convergence and divergence disorder, a type of eye impairment, which was worsened by a head injury she sustained during gym class in 2018.² See Ex. 3 ¶ 9; Ex. 4 pg. 2.³ C.G.’s everyday life has been altered because of her disabilities. For example, she has an "uneven gait and poor stamina." Ex. 4 pg. 2. She has trouble "communicating and understanding" the difference between "safe [and] dangerous choices." Ex. 1 pg. 1. She "cannot cross the street without a responsible adult with her." id. She also has a history of and continued risk of experiencing seizures. See Ex's. 1–6.

A majority of C.G.’s seizures have included symptoms such as staring, confusion, incontinence, lip smacking, repetitive actions, and becoming combative. See Ex. 2. p. 1. However, she has also experienced two grand mal seizures, which cause "a loss of consciousness and violent muscle contractions." Compl. ¶ 16, ECF No. 1. Her most recent seizure occurred on January 12, 2020. See Ex. 1. p. 1.

Several efforts have been made to curb C.G.’s seizures. For example, she had a portion of the right side of her brain removed. See Ans. ¶ 14. She also takes anti-seizure medication twice per day. See id. ¶ 18. Despite these medical interventions, however, "she continues to be at a risk for seizures at any time." Ex. 4. p. 2. This continued risk is reflected in the District's Individualized Education Program for C.G. ("IEP"), which incorporates a Seizure Action Plan ("SAP"). See Ex's 2, 4.

In the SAP, it states that C.G.’s seizures vary in frequency and severity. See Ans. ¶¶ 20–23. It also states that stress, fatigue, and excessive heat can be potential triggers for a seizure. See id. Lastly, it provides instructions on what to do should C.G. experience a seizure at school: administer rescue medications (which the school nurse possesses) and contact emergency services. See id.

George

To help C.G. function in her day-to-day life, her doctor recommended that she obtain a service animal. See Ex. 8. After several years of saving money, C.G.’s parents applied for a service animal from Merlin's Kids. See Mot. 6, ECF No. 16.

Merlin's Kids is a nonprofit organization that has trained more than a thousand dogs to be service animals for those with disabilities. See id. 6; Ex. 9. Before someone can receive a dog from Merlin's Kids, he or she must prove to Merlin's Kids that he or she suffers from a disability and that a dog trained to perform certain tasks could mitigate that specific disability. If an applicant is accepted, Merlin's Kids will train a dog specifically for the applicant, teaching the dog to perform tasks related to the applicant's disability.

C.G. met Merlin's Kid's requirements and was paired with George—an American Kennel Club standard poodle. See Compl. ¶ 25. In preparation to assist C.G., George received more than 1,500 hours of training and "9 months of public access exposure." Ex. 9. In addition to training George, Merlin's Kids also trained C.G. and her parents on how to handle George. See id. This included a twelve-week course where C.G. and her parents participated in more than forty hours of hands-on training with George. See id. Merlin's Kid's executive director, Janice Wolfe, personally observed C.G. handle George on several occasions, each time without incident. As a result of this training, Merlin's Kids certified George as a "task trained service dog" and C.G. as a "certified handler." Id. In all, George is trained to perform six tasks. See id.

First, George has been trained to perform mobility assistance for C.G. See id. To accomplish this task, George wears a harness, which C.G. may hold on to. Using this harness, George can pull C.G. forward while she walks, which lowers the pressure she experiences in her back leg. George also guides C.G. in a straight line while walking and helps her maneuver around objects or people when needed. George can also act as an anchor for C.G. if she feels dizzy, keeping her from falling. In addition, George will not approach other individuals while he is with C.G. because the movement could cause her to lose her balance. All of this has provided C.G. with increased mobility. According to C.G.’s doctor, she has "more endurance to walk longer distances with less fatigue" because of George's assistance. Ex. 4, p. 1.

Second, George has been trained to perform Deep Pressure Therapy ("DPT") for C.G. See Ex. 9. DPT involves George placing his paws or body directly on C.G. when she is experiencing increased anxiety, a rise in cortisol levels, or is otherwise unwell. Depending on the scenario, and on whether C.G. is sitting or lying, George will lay on C.G.’s lap, chest, or across her hips. The pressure and heat from George's body calms and soothes C.G. until she returns to a stable condition.

Third, George has been trained to mitigate C.G.’s anxiety. See Ex. 9. According to Janice Wolfe, George accomplishes this task by using a combination of his other skills.

Fourth, George has been trained to detect when C.G.’s cortisol levels fluctuate. See id. Rising cortisol levels can be an early warning sign of an anxiety attack or even a seizure. See id. Depending on the rate of change in C.G.’s cortisol levels, George can determine whether she may be experiencing anxiety, having an anxiety attack, or is at risk of a seizure.

Fifth, George has been trained in seizure response. See id. If George detects that C.G.’s cortisol levels indicate a possible anxiety attack or seizure, he will push her into a seated or lying position to prevent her from injuring herself. Depending on the situation, he may also perform DPT.

Sixth, George has been trained to provide additional medical alert and response for C.G. See id. Should C.G. require medical attention, George will alert a nearby person to the situation. To do this, George will leave C.G.’s side to get the attention of another individual and then lead them to C.G., continuing in these efforts until help arrives. George demonstrated some of these tasks on September 12, 2021, during a family shopping trip. See Ex. 4, p. 2.

While shopping at a local Home Depot with her parents, C.G. "developed a severe migraine." Id. Her condition went unnoticed by her parents. See id. George, however, pushed "and nudged her to sit down." Id. George then started performing DPT on C.G. Id. Her parents then noticed that she "looked pale and just unwell." Id. George continued to perform DPT for approximately forty minutes before C.G.’s parents returned her to the car and gave her food and drink. See id.

With George's help, C.G. "has become more confident, more independent, and able to do a lot more things for herself." Id. According to C.G.’s seizure doctor, she would "benefit" from having a trained service dog accompany her to school. See Ex. 5. Her physician from St. Luke's Psychiatric Associates concurs that "it is clinically recommended that accommodations be made so that [C.G.] may have her therapeutic service dog accompany her to school." Ex. 14.

C.G.’s requests to the District

C.G.’s mother first mentioned George to the District in the spring of 2021 during an IEP team meeting. Ans. ¶ 34. She then brought C.G. and George to an IEP team meeting held in July 2021. Id. ¶ 35. At the meeting, C.G.’s mother requested...