HILLSBORO -- Every day, Scooter Givens tries to hit his third-grade classmates and instructors at

where he attends class for children with severe autism.

Sounds that surprise him, especially crying children, can send the 9-year-old Hillsboro boy into yelling, flailing "meltdowns," which have lasted more than an hour.

Eric and Wendy Givens know Madison, a trained autism service dog, can calm their son; they've seen the German shepherd do so at malls, in parking lots, at restaurants. But the

won't allow the dog in school, saying Scooter is doing well without the shepherd.

The U.S. Department of Justice is currently investigating a complaint filed by

on behalf of the Givenses. The outcome could affect other families in Oregon that hope to use autism service dogs in schools.

The argument pits special education law against the

. Although the district argues that the dog is not necessary for Scooter's classroom education, the family says the dog improves the boy's access to his education by keeping him calm.

"It makes Scooter easier to teach," said Wendy Givens. Madison "would help mitigate Scooter's disability in class."

Disability Rights Oregon attorney Joel Greenberg equated the situation to a person who is blind being told he does fine with a cane even though a trained guide dog is more effective.

"Essentially, the school district is saying, 'we get to pick the tool,'" he said.

Hillsboro Superintendent Mike Scott said it's an issue of process.

"We agree that across-the-board exclusion of a service animal would not be appropriate." But, he said, "If we have a student that is doing well in school, is there a need for a service animal?"

The district had raised concerns over allergies and other students' fears of dogs, but Scott said those are "not the issue."

The debate also hinges on whether Madison is considered a service or a therapy animal. In other words, is he the equivalent of a guide dog for the blind or is he a well-trained pet?

Therapy animals are not covered under the Americans With Disabilities Act, but they are growing in popularity and are often used in hospitals to comfort patients and in schools where children read to them. The training is not as extensive as it is for a service animal.

The Americans With Disabilities Act describes a service animal as "any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items."

In the case of Scooter, the dog is usually tethered to the boy. Scooter, whose given name is Jordan, wears a belt that is attached to a harness on Madison. When Scooter tries to bolt, the dog sits or digs his claws into the ground and pulls back, stopping Scooter.

If something startles Scooter and he works himself into a violent on-the-floor "meltdown," the dog puts his paw on the boy. If that doesn't work, Madison stands over him and then lies down on Scooter. The flailing and yelling stop almost immediately, and Scooter can get back on task, said Wendy Givens. Should Scooter run off and can't be found, Madison is trained to track him with the command, "Where's your boy?"

Madison's primary mission is to keep Scooter safe and calm. He has 500 hours of training from simple obedience to advanced skills, said Karen Shirk, founder,

a nonprofit in Ohio that trains dogs for people with various disabilities, including autism.

The Givenses paid $13,000 for the dog, largely from fundraising, and Wendy Givens flew back to Ohio in March 2008 for two weeks of training with Madison before bringing him home.

For years, Oregon school districts, including Hillsboro, have allowed service dogs in training to traverse school halls. But fully trained dogs assisting children with autism in public schools are rare.

"It's new territory that school districts are not familiar with. They fall back on basic policies," said Genevieve Athens, executive director of the

. "I think eventually as this gets more prevalent in society, ... there might be more acceptance in the classroom" for autism dogs.

In the Portland area, Beaverton is the only district known to have allowed the use of a dog for a child with autism. The dog was allowed on a trial basis last spring, but hasn't been coming this school year, said Patty Lawrence, special education facilitator for the

. Lawrence said she couldn't provide specifics because of student confidentiality but said the school had not refused the dog.

"As a team at the school, we decided to try other things as well," she said.

Other options that can help calm a child include wearing a weighted vest or applying deep pressure, which can be as simple as a hug.

"Sometimes they just need that squeeze that calms them down," she said.

But every child with autism is different and what may work for one child doesn't work for another, Lawrence said.

Unlike most school districts in the state, Beaverton has a very detailed policy that requires assistance animals be accredited guide dogs or certified therapy dogs from known training organizations.

As for Scooter, Madison has become a social bridge for the boy, who can talk but doesn't like to interact with others, said Wendy Givens. The brown-and-black German Shepherd loves to be petted and is a magnet for people, which helps Scooter socialize and gives people a better understanding of autism and Scooter.

He is no longer "the weird kid biting his hand," Wendy Givens said.

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