COMMUNITY RELATIONS / STUDENTS Policy No. 1260/5003
Community Relations
STUDENTS
Service Animals
Individuals with a disability shall
be permitted to use a service animal on school premises as to the extent
provided by law.
1.
Definition of Service Animal
A service animal is a dog that is
individually trained to do work or perform tasks for the benefit of an
individual with a disability. Other species of animals are not service animals
for the purposes of this definition, though miniature horses are in certain
circumstances entitled to similar treatment.
The work or tasks performed by a
service animal must be directly related to the handler's disability. Examples of
work or tasks that a service dog may perform to meet this definition include:
·
Navigation:
assisting individuals who are blind or have low vision with navigation and
other tasks,
·
Alerting: alerting individuals who are deaf or hard of
hearing to the presence of people or sounds,
·
Protection:
providing non-violent protection or rescue work,
·
Pulling:
pulling a wheelchair,
·
Seizure:
assisting an individual during a seizure,
·
Allergens: alerting individuals to the presence of
allergens,
·
Retrieving:
retrieving items such as medicine or the telephone,
·
Physical
support: providing physical support and assistance with balance and stability
to individuals with mobility disabilities, and
·
Interrupting
behaviors: helping persons with psychiatric and neurological disabilities by
preventing or interrupting impulsive or destructive behaviors.
Work or tasks that are excluded from
meeting the definition are:
·
Guard
dogs: the crime deterrent effects of an animal’s presence and
·
Companion
dogs: the provision of emotional support, well-being, comfort, or
companionship.
2.
Permit Presence of Service Animals
An individual with a disability shall be permitted to
be accompanied by his or her service animal in all areas where members of the
public, participants in services, programs or activities, or invitees, as
relevant, are allowed to go. A bona fide trainer of a service animal also has
the right to be accompanied by such animal in training. The individual may not
be required to pay an extra fee for the service animal to attend events for
which a fee is charged.
Service animals may be excluded from school premises
if:
a.
The
service animal is out of control and the service animal’s handler does not take
effective action to control it;
b.
The
service animal is not housebroken; or
c.
The
presence of the service animal poses a direct threat to the health or safety of
others. To determine whether a “direct threat” exists, an “individualized
assessment” is to be made to ascertain: the nature, duration, and severity of
the risk; the probability that the potential injury will actually occur; and
whether reasonable modifications of policies, practices, or procedures or the
provision of auxiliary aids or services will mitigate the risk.
3.
Control of the Service Animal.
The service animal must be under the control of its
handler. In most cases, the dog must have a harness, leash, or other tether.
The service animal does not need to be on a leash, however, if the handler is
unable because of a disability to use a leash. A leash is also not required if
it would interfere with the service animal’s safe, effective performance of
work or tasks. If either of the leash exceptions applies the service animal
must be under the handler’s control via voice control, signals, or other
effective means.
4.
Responsibility for Care or Supervision.
The school district is not responsible for the care
or supervision of the service animal. The individual with the service animal shall
be liable for any damage done to the premises or facilities or to any person by
such animal.
5.
Inquiries.
When addressing a service animal matter, staff shall not
ask about the nature or extent of the person’s disability.
Staff may not ask questions about the dog’s qualifications
as a service animal when it is readily apparent that the dog is trained to do
work or perform tasks for an individual with a disability. Examples include
where the dog is observed guiding an individual who is blind or has low vision,
pulling a person’s wheelchair, or providing assistance with stability or balance
to an individual with an observable mobility disability.
Where it is not readily apparent that the dog
qualifies as a service animal, staff may ask if the dog’s presence is required
because of a disability and what work or task the dog has been trained to perform.
Staff may not require documentation, such as proof that the dog has been certified,
trained, or licensed as a service animal.
Legal
Reference: Americans with
Disabilities Act of 1990 (
Date of Adoption: October 17, 2011