535 - Service Animals on School Property

School Board Policy 535 -
Service Animals on School Property

 

Adopted: december 8, 2014
REVIEWED: June 8, 2020  

I. Purpose 

The purpose of this policy is to establish parameters for the use of service animals by students, employees and visitors on school district property or to a school-sponsored activity.

II. General Statement of Policy 

Individuals with disabilities shall be permitted to bring their service animals on school district property or to a school-sponsored activity in accordance with, and subject to, this policy.

III. Definitions 

A. Service Animal - A "service animal" is a dog (regardless of breed or size) or miniature horse that is individually trained to perform "work or tasks" for the benefit of an individual with a disability, including an individual with a physical, sensory, psychiatric, intellectual or mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals. Service animals are working animals that perform valuable functions; they are not pets. The work or tasks performed by the service animal must be directly related to the individual's disability. An animal accompanying an individual for th sole purpose of providing emotional support, therapy, comfort, or companionship is not a service animal. 

B. Handler– A "handler" is an individual with a disability who uses a service animal. In the case of an individual who is unable to care for and supervise the service animal for reasons such as age or disability, "handler" means the person who cares for and supervises the animal on the individual's behalf.  

C. Work or Tasks - 1) "Work or tasks" are those functions performed by the service animal; 2) Examples of "work or tasks" include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors; and 3) The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship are not "works or tasks" for the purpose of this policy.

D. Trainer – A "trainer" is a person who is training a service animal and is affiliated with a recognized training program for service animals.

IV. Access To Programs and Activities: Permitted Inquiries 

In general, handlers (i.e., individuals with disabilities or trainers) are permitted to be accompanied by their service animals on school district property or at a school-sponsored activity where members of the public, students, and employees are allowed to go. A handler has the right to be accompanied by a service animal whenever and to the same extend that the handler has the right: (a) to be present on school district property; (b) to attend or participate in a school-sponsored event, activity, or program.

When an individual with a disability brings a service animal to a school district property or to a school-sponsored activity, school district employees shall not ask about the nature or extent of a person's disability, but may make the following two inquires to determine whether the animal qualifies as a service animal:

1.  Is the service animal required because of a disability; and
2. What work or tasks is the service animal trained to perform.  

School district employees shall not make these inquiries of an individual with a disability bringing a service animal on school district property or to a school-sponsored activity when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability. However, school district employees may inquire whether the individual with a disability has completed and submitted the request form described in Part VI., below. 

An individual with a disability may not be required to provide documentation such as proof that the animal has been certified, trained, or licensed as a service animal. 

V. Requirements For All Service Animal 

A.  The service animal must be required for the individual with a disability.

B.  The service animal must be individually trained to do work or tasks for the benefit of the individual with a disability.  

C.  A service animal must have a harness, leash, or other tether, unless either the handler is unable because of a disability, to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safety, effect performance of work or tasks, in which case, the service animal must be otherwise under the handler's control (e.g. voice control, signals, or other effective means).

D.  The service animal must be housebroken. 

E.  The service animal must be under the control of its handler at all times. The handler is responsible for the care and supervision of a service animal, including walking the service animal, feeding the service animal, grooming the service animal, grooming the service animal, and responding to the service animal's waste. The owner of the service animal is responsible for providing veterinary care to the service animal.

F.  The service animal must be properly licensed and vaccinated in accordance with applicable state laws and local ordinances.

VI. Requesting The Use Of A Service Animal At School

A.  Individuals with a disability seeking to be accompanied by a service animal are required to submit a written request to the building principal or Human Resources office. The recipient of the request will notify the Director of Student Support Services to address such requests.

B.  Student or employees seeking to bring a service animal on school district property or to a school-sponsored activity are required to identify whether the need for the service animal is required because of a disability and to describe the work or tasks that the service animal is trained to perform. 

C.  The owner of the service animal shall provide written evidence that the service animal has received all vaccinations required by state law or local ordinance. 

VII. Removal Or Exclusion Of A Service Animal

A.   A school official may require a handler to remove a service animal from school district property or a school-sponsored activity if:

1.  Any of the requirements described in Part V., above, are not met.
2.  The service animal is out of control and/or the handler does not effectively control the animal's behavior;
3.  The presence of the service animal would fundamentally alter the nature of the service, program or activity; or
4.  The service animal behaves in a way that poses a direct threat to the health and safety of others, has a history of such behavior, and or otherwise poses a significant health or safety risk to others that cannot be eliminated by reasonable accommodations.

B.  If the service animal is property excluded, the school district shall give the individual with a disability the opportunity to participate in the service, program, or activity without the service animal, unless such individual has violated a law or school rule or regulation that would warrant the removal of the individual. 

VIII.  Additional Limitations For Miniature Horses

In assessing whether a miniature horse may be permitted in a school building or on school grounds as a service animal, the following factors shall be considered:

A.  The type, size, weight of the miniature horse and whether the facility can accommodate these features;

B.  Whether the handler has sufficient control of the miniature horse;

C.  Whether the miniature horse is housebroken; and 

D.  Whether the miniature horse's presence in a specific building or on school grounds compromises legitimate health and safety         requirements. 

IX.  Allergies; Fear of Animals

If a student or employee notifies the school district that he or she is allergic to a service animal, the school district will balance the rights of the individuals involved.  In general, allergies that are not life-threatening are not a valid reason for prohibiting the presence of a service animal. Fear of animals is generally not a valid reason for prohibiting the presence of a service animal.

X.  Non-Service Animals For Students With Individualized Education Program (IEPS) or Section 504 Plans

If a special education student or a student with a Section 504 plan seeks to bring an animal onto school property that is not a service animal, the written request shall be referred to the student's IEP team or Section 504 team, as appropriate, to determine whether the animal is necessary for the student to receive a free appropriate public education (FAPE) or, in the case of a Section 504 student, to reasonably accommodate the student's access to the school district's programs and activities. 

XI.  Non-Service Animal As an Accommodation for Employees

If an employee seeks to bring an animal onto school property that is not a service animal, the individuals are required to submit a written request to the Human Resources office. The recipient of the request will notify the Director of Student Support Services to address such requests. A school district employee who is a qualified individual with a disability will be allowed to bring such animal onto school property when it is determined that such use is required to enable the employee to perform the essential functions of his or her position or to enjoy the benefits of employment in a manner comparable to those similarly situated non-disabled employee.  

XII.  Liability

A.  The owner of the service animal is responsible for any harm or injury to an individual and for property damage caused by the
service animal while on school district property.

B.  An individual who, directly or indirectly through statements or conduct, intentionally misrepresents an animal in the person's possession as a service animal may be subject to criminal liability.

 

Legal References:
Section 504 of the Rehabilitation Act of 1973
28 C.F.R. § 35.014, 28 C.F.R.  § 35.130(b)(7), and 28 C.F.R.  §35.136 (ADA Regulations)
20 U.S.C.  § 36.1400 et seq. (Individuals with Disabilities Education Act)
Minn. Stat. § 363A.19 (Discrimination Against Blind, Deaf, or Other Persons with Physical or Sensory Disabilities Prohibited)
Minn. Stat. § 256C.02 28 (Public Accommodations for Persons with Disabilities)
Minn. Stat. § 609.226 (Harm Caused by Dog)
Minn. Stat. § 609.833 (Misrepresentation of Service Animal)

Cross-Reference:
WBLASB Policy 402 (Disability Nondiscrimination Policy)
WBLASB Policy 521 (Student Disability Nondiscrimination)