105 - Assistance Animals

105 - Assistance Animals

This policy addresses both service animals and therapy dogs.

 

SERVICE ANIMALS ON DISTRICT PREMISES

A service animal is permitted to accompany an individual with a disability onto District premises, subject to this policy, state and federal law. For purposes of this policy, the term District premises refers to school buildings, vehicles, and all other District property.

The District shall comply with all state and federal laws, regulations, and rules regarding the use of service animals by staff or students with a disability under appropriate circumstances.

 

Definition of Service Animal

This policy applies to any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability as defined by the Americans with Disabilities Act (ADA).  Service animals are working animals, not pets. The work or task that a service animal has been trained to provide must be directly related to the person’s disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

 

Procedures/Requirements

Use of service animals by staff or students with a qualifying disability is subject to the following procedures and requirements:

  • The Superintendent/designee may ask an individual with a disability or the parent/guardian of a student with a disability if the service animal is required because of a disability.  Information about the nature or extent of the disability is not required.  The District may request that the individual identify and describe the work or task that the animal has been trained to perform.
  • The Superintendent/designee will require documentation that the service animal is properly licensed pursuant to local animal control licensure laws, rules, or regulations, to ensure current vaccinations.
  • The use of a service animal on District premises may be subject to a plan designed to introduce the service animal to the school environment, any appropriate training for staff and students regarding interaction with the service animal, and other activities or conditions deemed necessary by the District.  However, an individual with a disability who uses a service animal will not be restricted from entry onto District premises prior to completion of any training/familiarization deemed appropriate.
  • Service animals must be under the control of their handlers at all times.  Service animals must wear proper identification and always be on a leash or other form of restraint mechanism, unless the handler is unable because of a disability to use a harness, leash, or other tether, or the use of such mechanism would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must otherwise be under the handler’s control (voice control, signals, or other effective means).
  • It is the responsibility of the student (or, if the student is unable, the student’s parent/guardian) or staff member with a disability to be the animal’s handler. The handler must have the service animal utilize the animal waste and disposal area designated by the Superintendent/designee at all times.
  • Service animals will be allowed in District transportation vehicles only when the service animal is under the control of a properly trained handler, including while entering and exiting the vehicle.
  • The District retains discretion to exclude or remove a service animal from its property if:
    • The animal is out of control and the animal’s handler does not take effective action to control the animal’s behavior.
    • The animal is not housebroken.
    • The animal’s presence or behavior fundamentally interferes in the functions of the District.
    • The animal poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications.

 

Service Animals in Training

Employees requesting to bring service animals in training to school must receive written approval from the Superintendent or designee. Approval will be granted on a case by case basis, within the Superintendent or designee’s sole discretion. Employees who are granted approval to bring a service animal in training to work must be able to fully perform their job duties for the District at all times.

Employees who train service animals will be allowed access with their service animal in training to those areas of District buildings and property where the employee would otherwise be permitted to go. The service animal in training is expected to abide by the same requirements as a service animal, as set forth in this policy.

 

Liability

The student (parent/guardian) or staff member with a disability is liable for any damage to the District’s property, personal property, and any injuries to individuals caused by their service animal to the same extent that a non-disabled individual who caused such damage would be held liable by the District. The student (parent/guardian) or staff member with a disability who uses a service animal on District property will indemnify and hold harmless the District and its officers, employees, agents, and assigns from any such damages.

 

 

THERAPY DOGS ON DISTRICT PREMISES

A therapy dog is permitted onto District premises, subject to this policy.  For purposes of this policy, the term District premises refers to school buildings, vehicles, and all other District property.   The District shall comply with all state and federal laws, regulations, and rules regarding the use of therapy dogs by staff or students under appropriate circumstances.

 

Purpose

Therapy dogs can be used to achieve specific physical, social, cognitive, and emotional goals with students.  A therapy dog is trained to provide affection and comfort to students or other individuals under the direction and control of a qualified handler who works with the dog as a team.  Therapy dogs are not “service animals” as defined by the Americans with Disabilities Act. 

 

Procedures/Requirements

  • Therapy dog teams (dog and handler) are required to be registered with one of the following organizations:
      • Therapy Dogs International (TDI) through Alliance of Therapy Dogs
      • Pet Partners Therapy Animal Program
      • Cares, Inc. Assistance Dog (includes Public Access Certification)
  • The dog that is brought to a school building will need to be accompanied by the trained handler with whom the animal is registered.  The handler will be a District employee and/or registered District volunteer, whose role is in alignment with the purpose of the therapy dog.  Therapy dogs must be under the control of their handlers at all times, wear proper identification, and always be on a 4-foot leash or shorter or restricted by some form of containment.  
  • All legal liability will be assumed by the owner of the therapy dog.
  • Requests for the use of a registered therapy dog will be made by the handler by completing the appropriate form and submitting it, along with necessary documentation, on an annual basis, to the administration. Necessary documentation includes:
    • Completed Canine Therapy Involvement Approval Application Form
    • Current verification of registration with one of the District-approved organizations
    • Statement from a veterinary office confirming that all shots are up-to-date
    • Proof of vaccination and physical examination
    • Copy of Guidelines for Therapy Dog Involvement signed by the handler and building administrator
  • The dog must be clean and well-groomed with trimmed nails, clean teeth, free of internal and external parasites, and in overall good health.  Any dog with a fresh wound, recent surgery or other injuries must be excused from therapy visits until fully recovered and healed.  Female dogs in season cannot participate in therapy visits. 
  • The handler will work with the building administrator to develop a summary of expected duties and responsibilities of the canine therapy team. 
  • The owner of the dog must provide an appropriately sized crate for the dog along with an area for the dog to stay if an individual has pet allergies or significant emotional discomfort with any type of animal. 
  • The primary handler will be solely responsible for any clean up related to the dog ensuring compliance with state and federal regulations.
  • Parents must be informed of the presence of a therapy dog in the school building to allow any concerns or questions to be raised.
  • Canine therapy teams are required to renew their status with the District annually prior to the start of each school year.
  • Applications and supporting documents will be kept on file in the District’s Central Office and the building(s) at which the canine therapy team provides services.
  • The District/building administrator retains discretion to exclude or remove a therapy dog from its property for any reason including but not limited to:
    • The handler does not take effective action to control the dog’s behavior.
    • The dog is not housebroken.
    • The dog’s presence or behavior fundamentally interferes in the functions of the District.
    • The dog poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications.

 

 

Approved:        October 2021
Reviewed:        January 2022

 

dawn.gibson.cm… Tue, 12/19/2023 - 13:09