Service dogs have proven beneficial for children with developmental disorders, offering safety and assistance with daily tasks. However, a San Jose family is currently in conflict with their son’s school regarding the use of their service dog during drop-off and pick-up times.
Lydia Truong’s 6-year-old son was diagnosed with autism in June and has a tendency to elope, a behavior common among autistic children in public spaces. As a student at Willow Glen Elementary, located on a busy Main Street, the family found the walk from their parked vehicle to the classroom challenging. To address this risk, they trained their service dog, Maelene, to block their son’s path if he attempted to stray too far.
On the first day of school in early August, the family used Maelene to help guide their son. However, they faced resistance from school staff, including the vice principal, who requested the removal of the dog after inquiring if it was registered. Lydia informed the staff that, under the Americans with Disabilities Act (ADA), service dogs do not require registration or certification.
According to the ADA, service animals are defined as dogs of any breed and size trained to perform tasks directly related to a person’s disability. They can be trained by their owner without the need for certification. After the initial incident, Lydia contacted the San Jose Unified School District to clarify the denial and request written confirmation. The district advised her not to bring the dog back until a decision was made.
Weeks later, the Truong family received a letter from the district stating that Maelene did not meet the criteria for a service animal. The letter claimed the dog was seen “playfully jumping around with students” and concluded that she provided emotional support rather than performing a specific task related to the child’s disability. Additionally, it noted that the student had not been assessed by the district regarding his disability.
The Truongs contest the claim that Maelene was out of control, explaining that they had not pursued an assessment due to the lengthy process involved and are considering changing school districts.
Jan Garrett, Deputy Director for the Pacific ADA Center, stated that ADA law is often misinterpreted. She affirmed that if a service dog is trained to perform a specific task—such as preventing a child from running into the street—it qualifies as a service animal. She also emphasized that schools cannot require a disability assessment prior to allowing a service dog on campus. The only permissible inquiries are whether the animal is needed due to a disability and what specific tasks it performs.
Currently, the Truong family has chosen not to bring Maelene back to school, opting instead to closely monitor their son during walks near the busy street. They continue to train Maelene and have hired a professional dog trainer for additional support.
Garrett advises families planning to bring a service dog to school to communicate with the district beforehand to clarify the dog’s role and capabilities, helping to prevent misunderstandings. She also encourages school officials and others involved in ADA compliance to contact their local ADA Center for guidance.
NBC Bay Area reached out to the San Jose School District for a response but did not receive any feedback.
