I. INTRODUCTION Page 1 of 5 Union County Public Schools will make reasonable accommodations for qualified persons with disabilities in accordance with state and federal law and applicable board policies. A qualifying individual with a disability is eligible to be accompanied by his or her service animal on school property when required by law, subject to the conditions of this policy. II. DEFINITION OF SERVICE ANIMAL This policy applies to any dog or, in limited circumstances, a miniature horse, individually trained to do work or perform tasks directly related to the person s disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing, assisting mobility-impaired individuals, alerting and protecting a person who is having a seizure, and performing other tasks that are either directly related to the individual s disability, or are necessary to mitigate a disability. No other type of service animal will be permitted. Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, emotional well-being, or to act as a deterrent to crime are not service animals. An animal must meet this definition to be considered a service animal for purposes of this policy, regardless of whether it has or has not been licensed or certified by a state or local government, or by a private agency. (1) The animal must be a trained service animal. A trained service animal can be called a: hearing animal guide animal assistance animal seizure alert animal mobility impaired service animal psychiatric service animal autism service animal A trained service animal is NOT called a: skilled companion animal therapy animal social animal facility animal agility animal police animal search and rescue animal helping animal support animal III. USE OF SERVICE ANIMALS BY VISITORS ON SCHOOL GROUNDS OR AT SCHOOL-SPONSORED EVENTS Union County Public Schools adheres to the Americans with Disabilities Act and state laws permitting the use of service animals by individuals with disabilities. When not readily apparent, school officials may inquire as to (1) whether the animal is required because of a disability, and (2) what work or task the animal has been trained to perform. School visitors shall not be asked about the nature or extent of their disability or for proof of a service animal s training.
IV. DOCUMENTATION OF A STUDENT S NEED Page 2 of 5 The student s need for and use of the service animal must be documented in the student s individual education plan (IEP) or Section 504 plan. The respective teams may review existing documentation or evaluate a student to determine whether the animal s function allows the student to access the student s educational program. The team may offer alternative modifications or accommodations to the use of a service animal, but the alternative must be effective in all of the functions that the service animal performs with respect to the student s disability. Such a determination must be made on an individual basis. V. PROCEDURES/REQUIREMENTS FOR USE OF A SERVICE ANIMAL BY STUDENTS OR STAFF Use of service animals by staff or students with a disability is subject to the following procedures and requirements: A. Written Notification of Service Animal 1. Parent(s)/guardian(s) of students with disabilities who believe the student needs to bring a service animal to school in order to receive a free, appropriate public education, shall provide written notification to the building principal or the Section 504 or IEP team. The appropriate team shall evaluate the request to use the service animal in school on a case by case basis. Applications for use of a service animal by an employee shall be submitted to the Deputy Superintendent for Human Resources. All such requests must state whether the animal is required because of a disability and must identify what work or task the animal is trained to perform that is directly related to the individual s disability. Any service animal accompanying a student with a disability to school or school activities shall be handled and cared for in a manner detailed in the student s IEP or Section 504 Service Agreement. Before a service animal shall be allowed on school property (including school buses or vehicles), the owner or handler of the animal shall submit to the building principal a written request and the following documentation: 1. Diagnosis of the specific disability 2. Verification of the need for a service animal 3. Description of the function(s) the service animal is expected to perform in relation to the individual s disability 2. All written requests for use of a service animal on school system property will be considered on an individual basis. At a minimum, requests for the use of a service animal must be renewed annually, prior to the start of each school year. In addition, the request must be renewed when the student changes schools, the employee changes
Page 3 of 5 his/her place of assignment, or when the individual accompanied by the service animal desires to use a different service animal. B. Use of Service Animal by Student or Employee 1. The service animal must not interfere with the educational process of any student and must not pose a health or safety threat to students, school personnel, or other persons. Acceptable behavior by the service animal shall include the following: Public appropriateness: the service animal must be: Clean, well groomed, free of offensive odors, and generally in good health; Vaccinated as required by state law, and must wear a rabies tag; Free of parasites, ticks, and fleas; Spayed or neutered; and Housebroken. The service animal must have a health certificate evidencing that the animal is in good health and is current on all required and recommended vaccinations. The EC Department shall keep a list of the required vaccinations for service animals for students and the HR Department for service animals for employees. Behavior: the service animal shall not: Solicit attention, visit, or annoy any member of the student body or school personnel; Vocalize unnecessarily (bark, growl, whine); Show aggression toward people or other animals; or Solicit or steal food or other items from other individuals. Training: the service animal must be: Trained to perform tasks that are directly related to the individual s disability; Able to work calmly and quietly while on a harness, leash, or other tether, unless the service animal is required to perform a task that it could not accomplish while on a leash/lead, or the handler is otherwise unable to maintain the animal on a leash/lead due to a disability. In such a case, the handler still must be able to maintain control over the animal; and Able to lie quietly beside the handler. Identification The service animal must wear a harness, backpack, or vest identifying the animal as a trained service animal. 2. All costs related to the handling and care of the service animal are the responsibility of the parent/guardian of the student, or of the staff member who uses the service animal.
Page 4 of 5 3. The service animal is the personal property of the student. The district is not responsible for the training, care, or supervision of a service animal, including walking the animal or responding to the animal s need to relieve itself. A student or employee with a service animal is expected to care for and supervise the animal. The responsibilities of the student regarding the service animal need to be identified, clarified, and documented in writing. In the case of a young child or a student with disabilities who is unable to care for or supervise his service animal, the parent is responsible for providing care and supervision to the service animal. If the student requires assistance from a parent or handler to control and care for the service animal during school and school-events both on and off school property, that individual must submit to a background screening, which may include a criminal history check in accordance with state law and any procedures established by the superintendent. VI. IMPLEMENTATION PLAN The use of a service animal on school property by a student or employee will be subject to a plan that introduces the service animal to the school environment, provides appropriate training for staff and students regarding interaction with the service animal, and includes other activities or conditions deemed necessary by the district. School personnel will work with the animal s owner/handler to: familiarize the service animal with the school before the animal starts attending; orient the service animal to school personnel and students; establish a school wide educational program to educate others on proper behavior around a service animal; establish a place for the animal to relieve itself; establish an evacuation plan to include the service animal, and practice the plan; establish a fire drill plan, and practice the plan; establish a resting time and place for the animal; establish an alternate accommodation/plan in the event the animal s primary handler (if not the child), or the animal, is absent and unable to accompany the disabled child to school; and provide training for any assistants who may handle the animal, other than the primary handler. VII. REMOVAL OF SERVICE ANIMAL FROM DISTRICT PROPERTY Any animal that causes injury to staff or students, or that behaves aggressively will be immediately isolated and removed from the school premises. In addition, school system representatives retain the discretion of removing or excluding a service animal for any of the following reasons: 1. the animal is out of control and/or the animal s handler does not effectively control the animal s behavior; 2. the animal is not housebroken; 3. the animal s presence would fundamentally alter the nature of the service, program, or activity.
Page 5 of 5 The district shall identify administrative staff who are responsible for (1) determining whether the service animal meets the standards for acceptance in the school setting; (2) attending the IEP Team meeting or Section 504 meeting to participate in the determination of whether the student requires the service animal in order to access educational services; and (3) excluding or removing the service animal from the school setting, if necessary. VIII. TRANSPORTATION OF THE ANIMAL Training The driver should meet with the owner of the animal. The owner is responsible for providing information to the driver and bus assistant regarding critical commands needed for daily interaction and emergency evacuation. The driver should provide an orientation to students riding the bus with the service animal regarding the animal s functions and how the students should interact with the animal. The service animal should practice the bus evacuation drills with the student. Notification to other student bus riders of service animal on bus Transportation will send written notification to the parents of other bus riders that a service animal will be riding the bus to assist a student. Seating location The service animal should be positioned on the floor, at the student s feet. To ensure that the animal is secure, the student will sit at the front of the bus with the service animal in the trained position. Cessation of transportation Transportation of the service animal may cease if: 1) The service animal s behavior poses a direct threat to the health or safety of others; 2) The service animal relieves itself on the bus; or 3) The service animal does not remain in the designated area. Parents and the student should be notified in writing of these consequences before the services are initiated. IX. LIABILITY The owner or handler of a service animal may be liable for any damage to school system or personal property to the same extent required by other board policy or regulations that impose liability for property damage. The owner or handler of a service animal may also be liable for any physical damage or injuries caused by the service animal. The owner shall provide proof of insurance, and the student and parent/guardian of a student who uses a service animal on school system property will hold the Union County Board of Education harmless and indemnify the Board from any such damages. LEGAL REF: Americans with Disabilities Act, 42 U.S.C. 12131; 28 C.F.R. Part 35; N.C. Gen. Stat. 168-4.2.