ANIMALS ON SCHOOL PROPERTY FILE: IMG TITLE: Use of Service Animals oin District Propertythe School Classroom and on Campus POLICY: (1) Purpose. In accordance with District Goals for a safe learning and working environment, personnel of The School Board of Orange County, Florida shall endeavor to follow applicable State and Federal law as it relates to the fair treatment of animals and to accommodate persons with disabilities and his/her service animal., (1) Orange County Public Schools ( OCPS ) shall permit the use of student service animals on District Property in accordance with State and Federal Law used by persons with disabilities, as defined by State and Federal laws and regulations. a. Wwhere such service animal shall accompany a student or personnel on a daily basis, accommodations shall me made in advance through Legal Services Department. The handler/owner of the service animal shall be the person with disability requiring the service animal and shall maintain proper control of the animal and proper veterinary and grooming care at all times. use is a reasonable accommodation that is necessary to allow the student access to district school facilities and services. A student service animal is personal property of the student and may not be brought onto any school campus without prior written notice to, and approval by, the school and/or OCPS administration as provided in this policy. b. Where such service animal shall accompany any other person with disability while visiting OCPS property or participating in an OCPS sponsored activity or event, OCPS personnel shall make reasonable accommodations. The handler/owner shall adhere to all other school board policies while visiting OCPS property, participating in OCPS activity or event and shall maintain proper control of the animal and proper veterinary and grooming care at all times. c. OCPS takes the position that OCPS property is not open to the public and therefore, shall not be utilized for the sole purpose of training or fostering a service animal. d. Animals used for therapeutic or other companion purposes, Therapy animals, shall not be permitted on OCPS property without written approval from Risk Management department. (2) In order to be the top producer of successful students, OCPS incorporates live animals into the learning process, including, but not limited to, observation purposes, agricultural sciences, presentations by third parties, and services related to ESE. Animals for these purposes shall not be permitted onto Districtschool Pproperty without written approval from the Risk Management department. a. Upon approval, handler and owner shall maintain humane treatment of the animal, including proper nutrition, grooming and veterinary needs as recommended by the American Veterinary Medical Association. b. Procedures for the implementation, use, and handling of these animals shall be governed by Risk Management department in coordination with other OCPS departments with the expertise in the purpose of the animal. Formatted: Indent: Left: 0", First line: 0" Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.44", Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: List Paragraph, Indent: Left: 1.25", First line: 0" Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.44", Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: List Paragraph, Indent: Left: 1.25", First line: 0" 1
(2) Definitions. As used in this policy: (a) (b) (c) "Handler" means the person designated to control and care for the service animal. If not the student, the Handler shall be an adult meeting the qualifications set forth in Section (4)(c) of this policy. Service Animal means a dog, that is trained to perform tasks for an individual with a disability, including physical, sensory, psychiatric, intellectual, or other mental disability, and individually trained to do work or perform tasks for the benefit of that student. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the student s disability. Examples of work or tasks include, but are not limited to, assisting a student who is blind or has low vision with navigation and other tasks, alerting a student who is deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting a student during a seizure, alerting a student to the presence of allergens, retrieving items such as medicine, providing physical support and assistance with balance and stability to a student with a mobility disability, and helping a student with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal s presence and the provision of emotional support, well-being, comfort, and companionship do not constitute work or tasks for the purpose of this definition. A service animal is not a pet. Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote general emotional well-being are not service animals. To be considered a service animal, the animal must be trained to perform tasks directly related to the student s disability. Task means a minor job, chore, or piece of work. A task may include, but is not limited to, guiding a student who is visually impaired or blind, alerting a student who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a student who is having a seizure, retrieving objects, or performing other special defined tasks. Comforting or giving affection by a service animal to a student although potentially beneficial for a student, is not a task within the meaning of the term as used in this policy. (3) Miniature Horses. For purposes herein, miniature horses (although not included in the definition of services animals hereunder) may be used as an alternative to dogs, subject to the provisions for service animals as set forth in this policy, and so long as the following requirements are met: Formatted: Indent: Left: 0.5", First line: 0", Space After: 0 pt, Line spacing: single Formatted: Indent: Left: 0.5", Space After: 0 pt, Line spacing: single Formatted: Indent: Left: 0" (a) the miniature horse is housebroken; (b) the miniature horse is under the owner s control; 2
(c) the facility can accommodate the miniature horse s type, size, and weight as determined by OCPS; and (d) the miniature horse s presence will not compromise legitimate safety requirements necessary for the safe operation of the facility as determined by OCPS. (34) Standards of Behavior for Handler and their Student Service Animals. Service Aanimals shall not in any way interfere with the educational process of any student and shall not pose a health or safety threat to any student, staff member, or other person. Any service animal not meeting the standards of behavior set forth in this policy shall be excluded or removed from the school setting. The behavioral expectations for the service animal, and the standards by which a request to use a service animal on school premises shall include, without limitation, the following: Formatted: Indent: Left: 0", Hanging: 0.44" (a.) Condition of Service Animal. The service animal: (i) Shall be clean, well-groomed (to avoid shedding and dander), and not have an offensive odor; Formatted: Font: (Default) Arial Shall not urinate or defecate in inappropriate locations; Formatted: Font: (Default) Arial Shall be free from pests or infectious diseasefleas and ticks; and Shall be spayed or neutered (dogs only). Formatted: Font: (Default) Arial (b.) Behavior. The service animal: (i) Shall not solicit attention, visit, or agitateannoy any member inof/on the District Propertygeneral public; Shall not disrupt the normal course of business; Shall not vocalize unnecessarily (i.e., barking, growling, or whining); Formatted: Indent: Left: 1.5", Tab stops: 0.94", Left Formatted: Space Before: 0 pt, After: 0 pt Shall show no aggression toward people or other animals; and (c.) (v) Shall not solicit or steal food or other items from any member in/on District Propertythe general public. Training. The service animal: (i) Shall be in the control of the Handler at all times; Formatted: Indent: Left: 1.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt 3
(v) (vi) (vii) (viii) Shall be specifically trained to perform appropriate tasks to mitigate aspects of the Handler sstudent s disability; Shall work calmly and quietly on a harness, leash, or other tether; Shall be able to perform its tasks in public; Shall be able to lie quietly beside the Handler without blocking aisles, doorways, etc.; Shall be trained to reasonably urinate and/or defecate on command; and Shall stay within 24 inches of its Handler at all times, unless the nature of a trained task requires it to be working at a greater distance. 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. (d.) Removal of a Service Animal. In coordination with OCPS Legal Services, an OCPSA school or district administrator may require ask the student or the student s parent (or legal guardian, as the case may be) to the removale of a service animal from District Propertya school building, a classroom, or from a school function if any one of the following circumstances occurs: Formatted: Indent: Left: 1", Hanging: 0.5" (i) The service animal is out of control and the Handler does not take effective action to control it; The service animal poses a direct threat to the health or safety of others; The service animal is not housebroken; or The service animal s presence would fundamentally alter the nature of the service, program, or activity. (5) Required Documentation for Service Animals. (a) (b) Each request for approval of a service animal must be in writing and accompanied by a training certificate. Each request for approval of a service animal must include a current immunization record, health certificate, or report of examination from a 4
veterinarian licensed in the State of Florida. Proof of vaccinations must be determined as satisfactory by the Office of Legal Services. (c) The Handler, if not the student, must provide evidence of, and maintain appropriate OCPS security clearance. (46) Procedure for Requesting Approval of Service Animals. All requests for approval of a service animal shall be submitted to the Office of Legal Services, and shall include anythe documentation requestedspecified herein. In addition, the delegated staff member from the Office of Legal Services shall: (a.) Shall determine whether the service animal meets the standards for acceptance ontoin District Property the school setting as set forth in this policy and current Federal and State laws; b. coordinate with the administration supervising the District Property that will be accommodating the person with disability and service animal to enable a smooth transition into the new environment. Formatted: Indent: Left: 0", Hanging: 0.44" Formatted: Indent: Left: 0", Hanging: 0.44", Tab stops: 1", Left Formatted: Indent: Left: 1", Hanging: 0.5" c.(b) wwhen necessary, shall determine whether an approved service animal should be excluded or removed from District Propertythe school setting for violation of the requirements set forth in this policy. (57) Implementation Plans for Service Animals. Following approval of a service animal by Legal Services, the Handler, District Property administrator for the location that will accommodate the service animal, and designated personnel from Exceptional Student Education Services (ESE) shall coordinate together for a student, the school, school personnel, the student, and the animal s Handler agree to coordinate to do the following: Formatted: No underline Formatted: Indent: Left: 0.06", Hanging: 0.38" Formatted: No underline (a.) start Familiarize the Sservice Aanimal with the sitecampus prior to the actual date; (b.) Reasonably orient the Sservice Aanimal to appropriate administration, other personnel, and other students (when on a school campus setting)school faculty and students; Formatted: Indent: Left: 1", Hanging: 0.5" (c.) (d.) (e.) Establish a place for the Sservice Aanimal to urinate/defecate; Establish an evacuation plan to include the Sservice Aanimal; Establish a resting place for the Sservice Aanimal; and (f.) Identify alternative accommodations for the Handlerstudent as may be required in the event the Service Aanimal s primary handler (if not the 5 Formatted: Indent: Left: 1", Hanging: 0.5"
student) or the animal is not able to accompany the Handler student on District Propertyto school. (687) Transportation of Service Animals. If a student with an approved Sservice Aanimal uses district transportation services, the following provisions shall apply: Formatted: Indent: First line: 0" Formatted: Indent: Left: 0", Hanging: 0.5" (a.) Training. Prior to the first transport of the student and the service animal: (i) The driver and any bus aide shall meet with the service animal s Handlerowner. The Handlerowner is responsible for providing information to the driver and any bus aide regarding critical commands needed for daily interaction and emergency/evacuation. Formatted: Indent: Left: 1.5", Hanging: 0.5" animal (v) The service animal s Handlerowner shall assist the OCPS Transportation Department personnel in providing an orientation to other students riding the bus with the service animal regarding the animal s functions and how students should interact with the animal. The service animal s Handlerowner shall ensure the service practices the bus evacuation drills with the student. The Handler shall ensure the service animal is positioned on the floor, at the student s feet. The OCPS Transportation Department, OCPS Office of Legal Services, and the services animal s Handlerowner shall determine whether the service animal should be secured on the bus with a tether or harness. (b.) Cessation of Transportation. Situations that would cause cessation of transportation of the service animal include, without limitation, the following: (i) The service animal s behavior poses a threat to the health or safety of others as determined by OCPS; The service animal urinates or defecates on the bus; or The service animal does not remain in the designated area. (c.) Reinstatement. If transportation of the service animal is suspended, it may be reinstated after additional training. Suspension of transportation 6
of the service animal shall not affect transportation services for the student. (8) Implementation Plans for Service Animals. Following approval of a service animal for a student, the school, school personnel, the student, and the animal s Handler agree to coordinate to do the following: (a) Familiarize the service animal with the campus prior to the actual start date; Formatted: Indent: First line: 0" Formatted: Indent: Left: 0" (b) Reasonably orient the service animal to appropriate school faculty and students; (c) (d) (e) Establish a place for the service animal to urinate/defecate; Establish an evacuation plan to include the service animal; Establish a resting place for the service animal; and (f) Identify alternative accommodations for the student as may be required in the event the animal s primary handler (if not the student) or the animal is not able to accompany the student to school. (79) Responsibility for Service Animals. A Sservice Aanimal is the personal property of the Handlerstudent. The School Board of Orange County, Florida (the Board ) does not asssume rresponsibility for the handling, training, daily care, supervision or health care of any Sservice Aanimal approved to accompany a student on a school campus. OCPS is not responsible for walking the animal or responding to the animal s need to relieve itself. Handlers Students with Sservice Aanimals are expected to care for and supervise their Sservice Aanimals. In tthe case of a young child or a student with disabilities who is unable to care for or supervise his/her Sservice A animal, the parent (or legal guardian, as the case may be) is responsible for providing care and supervision of the Sservice Aanimal. Issues related to the care and ssupervision of Sservice Aanimals will be addressed on a case-bycase basis. (810) Liability for Student Service Animals. By requesting the approval of the Sservice Aanimal, the Handlerstudent and the student s parent (or legal guardian, as the Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Indent: Left: 0", Hanging: 0.44" 7
case may be) assumes all liability for anyall losses, liabilities, damages, claims, actions, legal proceedings, settlements, judgments, recoveries, costs, and expenses because of or resulting from loss of, or damage to, property, or iinjury to or deaths of persons, in any way arising out of or in connection with the use of the Sservice A animal in the school setting or on OCPS Ddistrict Pproperty, including transportation. (911) Definitions. As used in this policy: a. District Property is any property owned, used or maintained by The School Board of Orange County, Florida, whether its purpose is a school, learning center, business and services office, work location, athletic field and other property used for sports and extracurricular activities, parking garage and parking lot, or bus depot. b. "Handler" means the person with a disability using the service animal. If the Handler is a minor (under age 18) or severely handicapped, whereas an adult or alternative person is the owner, then Handler and Owner shall mean the same. c. Service Animal shall be the animal that performs a task as a service to the person with disability, as defined by current federal and state laws and regulations. Formatted: Indent: Left: 0", Hanging: 0.44", Space After: 0 pt, Line spacing: single, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers SPECIFIC AUTHORITY: Sections 413.08; 1001.32; 1001.41; 1001.42; 1001.43; 1006.07; and 1006.08, Florida Statutes. ADOPTED: 09/10/13 29 U.S.C. Section 794, as amended. 28 C.F.R. Sections 35.104; 35.136; and 36.104; as amended. 8