8390 ANIMALS ON SCHOOL CORPORATION PROPERTY I. SERVICE ANIMALS
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1 8390 ANIMALS ON SCHOOL CORPORATION PROPERTY I. SERVICE ANIMALS The Board recognizes the need for some students to have special assistance from service animals. The Corporation is required by the Americans with Disabilities Act (ADA) to accommodate individuals with disabilities accompanied by a service animal in its Corporation buildings, classrooms, and at school functions. The following policy applies to all service animals utilized by students and adults in the Corporation: A. Definitions 1) A service animal is a dog, or in special circumstances a miniature horse, that is individually trained to take specific action or perform tasks to assist an individual with a disability. The tasks performed by the dog must be directly related to the person s disability. A service animal does not include any species of animal, whether wild or domestic, other than a dog or miniature horse. 2) A companion animal is an animal that provides solely emotional support, wellbeing, therapy, comfort, or companionship. A companion animal does not meet the definition of a service animal. 3) An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. 4) A tether is a harness, leash, or other tether. B. Policy 1) The Corporation permits the use of a service animal by an individual with a disability. Individuals with disabilities are permitted to be accompanied by their service animal in all areas of Corporation facilities and school functions where the individual is otherwise permitted to be. The work or tasks performed by the service animal must be directly related to the individual s disability. 2) Prior to bringing the service animal to school, a Service Animal Registration Form must be completed for all individuals with a disability who wish to be accompanied by a service animal. The Corporation requests the form be completed and delivered at least ten (10) instructional days in advance to bringing the service animal to school, in order to prepare other staff and students for the service animal s arrival. In completing the Service Animal Registration Form, the individual or his/her parents shall explain that the service animal is required Comment [1]: Most of the schools blend service animals and non- service animals together. We can keep these in a single animal policy, but they need to be kept in separate sections of the policy as they are subject to very different laws/regulations. For example, a student having allergies to a dog in the classroom is dealt with very differently if the dog is a service animal as opposed to a classroom presentation. We need to keep a clear distinction between service animals and other classroom animals. Also, the current NEOLA policy delineates the School s obligations between students/staff/visitors with service animals. The School s obligations are the same to all. They should not be divided up this way. We have written a blanket policy that applies to all students, staff, visitors here. Deleted: Community School Corporation of Southern Hancock County Comment [2]: If desired, Schools could add examples here: The tasks performed by the dog must be directly related to the person s disability, such as alerting an individual with epilepsy about the onset of a seizure and helping the person remain safe during the seizure, picking up items for a person who uses a wheelchair, or alerting a person who has hearing loss when someone is approaching from behind. Comment [3]: Keep in mind, this policy applies to all students, staff, visitors, etc. The former policy was tailored towards students but schools have a legal obligation to accommodate service animals who accompany any member of the public Comment [4]: Sample administrative guidelines below Comment [5]: Request is safer here than require due to the 10 business day notice challenged in the Evansville case (parents alleged that requiring 10 days notice was discriminatory). Deleted: F
2 because of a disability and what work or task the service animal has been trained to perform. 3) The Corporation requests that the individual with a disability and/or his/her parents provide documentation supporting that the service animal is required because of a disability and that the animal has been individually trained to do work or perform tasks to assist an individual with a disability. 4) The Corporation is not responsible for the care or supervision of a service animal. At all times, a service animal shall be under the control of its handler. If the person accompanied by the service animal is unable to handle the service animal appropriately, the parent shall provide for care and supervision of the animal (either by the parent or a third party individual accompanying the animal). The parent or third party individual accompanying the animal shall be subject to all Corporation policies and procedures. 5) A service animal shall 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 safe, effective 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). Under control also means that a service animal shall not be allowed to bark repeatedly in a quiet place. The handler may not allow the service animal to wander away from her and must maintain control of the animal, even if it is retrieving an item at a distance from the handler. 6) If a service animal is not housebroken, if the service animal is out of control and the handler does not take effective action to control it, if the service animal behaves in a way that poses a direct threat to the health and safety of others or has a history of such behavior, or if the service animal s presence would fundamentally alter the nature of the service, program, or activity, the Corporation may request that the animal be removed from the premises. 7) The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, watering, grooming, and veterinary care. The handler should encourage the animal to use marked toileting areas. The Corporation is not responsible for the care or supervision of a service animal. 8) Service animals must be kept free of fleas and ticks. Service animals must be appropriately clean and groomed. 9) Companion animals are not permitted in Corporation facilities. 10) All persons are prohibited by Indiana Code from knowingly or intentionally interfering with the actions of a service animal or striking, tormenting, injuring or otherwise mistreating a service animal while the service animal is engaged in assisting an impaired person in navigation, assistance in Comment [6]: These are the only 2 questions that ADA allows schools to ask Comment [7]: Can request, not require Comment [8]: The guidance from the DOJ states that the school may have to provide some assistance DOJ states: The ADA requires that service animals be under the control of the handler at all times. In most instances, the handler will be the individual with a disability or a third party who accompanies the individual with a disability. In the school (K-12) context and in similar settings, the school or similar entity may need to provide some assistance to enable a particular student to handle his or her service animal. Comment [9]: If the handler is too young/disabled to walk, feed, or water the animal, OCR and a 2015 case out of Florida have both stated that the School may have to assign an employee to help the handler take the dog outside when necessary. OCR approved a school policy in 2007 that encouraged the handler to use marked toileting areas for the dog Comment [10]: This isn t explicitly prohibited or permitted anywhere by the ADA
3 II. performing daily activities, or alert signals regarding the onset of the person s medical condition. 11) The owner and/or individual accompanied by a service animal is liable for any damage, harm, or injury caused by the service animal to other students, staff, visitors, and/or property. An individual with a disability may be charged for damage, harm, or injury caused by his/her service animal. 12) Service animals are subject to local animal control and public health requirements regarding vaccines, licenses, and registration. To protect the health, safety, and welfare of other students and adults, the individual with a disability and/or his/her parents must provide the Corporation annual proof of common vaccinations for dogs. 13) The Corporation will make a case by case assessment of requests to use a miniature horse with an individual with a disability. Such requests can be made to the Director of Student Services. NON-SERVICE ANIMALS FOR CURRICULAR PURPOSES Non-service animals may be utilized by teachers during classroom lessons and/or as classroom pets housed on Corporation property. With the exception of service animals, no animal shall be permitted in a Corporation building without prior written approval of the building principal. Students are not permitted to bring pets or companion/comfort animals on Corporation property. The staff member seeking approval to have an animal in his/her classroom, as a classroom pet or on an ad hoc basis as part of a classroom lesson(s), shall demonstrate to the principal in advance: 1) the animal is necessary to support specific curriculum-related projects and/or activities; 2) the animal is not venomous, a bite risk, or otherwise dangerous; 3) the animal has a current satisfactory health certificate and/or report of examination from a veterinarian (a copy shall be provided to the building principal); 4) proper precautions have been taken to protect the health and safety of students and staff, including accommodating any known allergies and cleaning the environment; 5) adequate provisions have been made to ensure the animal is treated humanely, including keeping the animal in a healthy condition and maintaining an appropriate environment (i.e., a cage or tank that is properly cleaned, spacious, and maintained); 6) a plan has been developed for the care of the animal during times school is not in session; 7) Corporation funds shall not be used to purchase or care for the animal; Comment [11]: Schools cannot require parents to carry liability insurance on dog, but we can put a line in policy re: damage is their responsibility Comment [12]: OCR and courts will uphold a School policy that requires the same vaccines that are required by the city/state that the animal is in. Rabies vaccine is the only requirement by Indiana standards. (If a local ordinance requires more vaccines, then add them into the policy!) This is a tricky sentence since only Rabies is required by Indiana law, only Rabies would be upheld by the OCR and courts. However, DHPP (Distemper, Hepatitis, Parainfluenza, Parvovirus) and Bordetella are common vaccines that 99% of veterinarians dispense, so the School district is running a risk by adding these vaccines to its policy but could make a good argument that these are common required vaccines in the state. Deleted: Director of Student Services Comment [13]: This may not be necessary in all districts, if there are funds earmarked for class pets
4 8) rules have been established regarding when and how the animal is to be treated by the students, including if the students may handle the animal after proper instruction (including hand washing techniques) or feed the animal; 9) a plan for cleaning the animal s environment and the areas around the animal s environment, including cleaning the classroom of potential allergens and proper disposal of animal waste or materials (such as cage materials or aquarium wastewater); 10) other staff members and parents/guardians of students in areas potentially affected by the animal(s) have been notified in writing and adjustments have been made to accommodate health-related or other concerns. Animals kept on Corporation property shall be treated humanely and shall not be subjected to cruel treatment or housed in unsanitary or unnecessarily restrictive conditions. This includes, but is not limited to, the provision of adequate food and fresh water, and an appropriately stimulating environment that is safe, spacious, and clean. The care of the animal is the responsibility of the staff member who applied to bring the animal into the school. Comment [14]: If you want, school can include a provision here stating that students shall not clean the cage/aquarium. But many classrooms have students clean the cage/aquarium as part of classroom chores. Live animal presentations and assemblies under the supervision and control of a trained professional may have more unique animals that otherwise are not permitted in the classrooms. These presentations are allowed in accordance with the provisions of this policy. The principal shall not allow a potentially dangerous animal if the educational value does not outweigh the risk of injury to a person. In advance of the animal being brought to school, a written notification will be sent home to the parents/guardians of students potentially affected by the animal informing parents of the type of animal that will be coming into the classroom. Parents will have a reasonable period of time to notify the teacher or the principal of health-related or other concerns. If a parent responds with a concern about the animal, the principal, teacher, and/or parent may discuss options for accommodating the student. For students with an existing Section 504 plan for an allergy(ies) that substantially limits a major life activity, the staff member seeking approval to have an animal in his/her classroom should collaborate with the student s Section 504 team to determine how to accommodate the student s allergies. Except where required by law, an animal shall not be permitted if documented health concerns of a student or staff member cannot be reasonably accommodated. If an animal is brought into the classroom and a student or staff member suffers a previously unknown allergy, the teacher and/or principal shall discuss the situation with the student s parents/guardians or staff member to determine if an evaluation for a Section 504 plan is appropriate and/or if accommodations are necessary. If an animal has been previously approved, the principal or Superintendent or his or her designee may revoke permission for the animal s presence at any time for any reason. Legal References: Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794, and its implementing regulation, 34 C.F.R. Part 104.
5 Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C , and its implementing regulation, 28 C.F.R. Part 35. I.C et. seq. I.C I.A.C. 1-5 Adopted by School Board on [date]
6 Principal.
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