KKA - Service Animals

File: KKA

 

SERVICE ANIMALS IN PUBLIC SCHOOLS

 

Admission of Service Animals to Public Events

 

Persons with disabilities may be accompanied by their service animals while on school property for events that are open to the general public, such as athletic games or plays.  This right of access does not extend to the schools generally or to other activities which are not open to the general public. 

 

School officials can ask the owner or handler of an animal whether the animal is a trained service animal and inquire into the specific tasks that the animal has been trained to perform.  School officials should not ask questions about a person’s disability.

 

Admission of Service Animals to Schools

 

When requested for educational purposes: There is no automatic right to be accompanied by a service animal in the school setting.  A student with a disability may request to bring a service animal to school for educational reasons.  Such requests should be directed to a student’s IEP or Section 504 team.  A student’s IEP or Section 504 team will decide whether the service animal is required to accompany the student to school in order for the student to receive a free appropriate public education. 

 

When requested for noneducational reasons: Trained guide, hearing, or service dogs are permitted in school buildings under certain circumstances: 

·        Totally or partially blind persons may be accompanied by a trained guide dog while on school property. 

·        Deaf or hearing-impaired persons may be accompanied by a trained hearing dog while on school property. 

·        Mobility-impaired or other disabled persons may be accompanied by a trained service dog while on school property. 

·        Persons conducting training of a guide, hearing, or service dog may be accompanied by a dog in training while on school property.

 

Dogs in Training

 

Persons conducting training of a guide, hearing, or service dog may be accompanied by a dog in training while on school property for the purpose of school business.  Persons who are part of a three-unit service dog team also may be accompanied by a service dog while on school property provided that the person is conducting training of a service dog.  The training cannot disrupt or interfere with a school’s educational process.  It is expected that training would not normally take place in the classroom during instructional time.

 

Requirements That Must be Satisfied Before A Service Animal Will Be Allowed in a School

 

Vaccination: The service animal must be immunized against diseases common to that type of animal.

 

 © 8/08 VSBA                                          Buena Vista City Schools

 
 Health: The service animal must be in good health.

 

Documentation: Before a service animal will be allowed in a school building, the owner or handler of the animal must submit to the school principal or building supervisor a request along with documentation from a certified professional of the following: diagnosis of a specific disability; verification of the need for a service animal; a description of the function(s) that the service animal is expected to perform in relation to the person’s disability; a current license; a current veterinary health certificate; and proof of current vaccinations and immunizations of the service animal.  Documentation of current vaccinations and immunizations of the service animal must be resubmitted annually.

 

Supervision and Care of Service Animals

 

The owner or handler of a service animal is solely responsible for the supervision and care of the animal, including any feeding, exercising, and clean up. 

 

Damages to School Property and Injuries

 

The owner or handler of a service animal is solely responsible for any damage to school property or injury to personnel or students caused by the animal.

 

Extra Charges

 

Public schools cannot require an owner or handler of a service animal to pay an extra charge for the animal to attend events for which a fee is charged.  This provision does not preclude public schools from charging an owner or handler for any damages to school property caused by the animal. 

 

Excluding Service Animals From School Property

 

A public school can exclude a service animal from school property under the following circumstances:

 

1.      The presence of the animal poses a direct threat to the health and safety of others;

2.      The owner or handler is unable to control the animal;

3.      The presence of the animal is disrupting or interfering with the educational process; or

4.      The presence of an animal would require a fundamental alteration to the program. 

 

 

 

 © 8/08 VSBA                                          Buena Vista City Schools

 

 

 Adopted: 10/23/09

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 Legal Refs.:      Code of Virginia, 1950, as amended, § 51.5-44.

 

U.S. Department of Justice and the National Association of Attorneys General guidance document on service animals dated July 26, 1996, at www.ada.gov/animal.htm.

 

 

Cross Refs.:      DJG                 Vendor Relations

                        GB                   Equal Employment Opportunity/Nondiscrimination

JB                    Equal Educational Opportunities/Nondiscrimination

JFHA/GBA      Sexual Harassment/Harassment Based on Race, National Origin, Disability and Religion

KK                  School Visitors

                        KGB                Public Conduct on School Property

                        KN                  Sex Offender Registry Notification

                        KNA               Violent Sex Offenders on School Property

 

 

 © 8/08 VSBA                                                        Buena Vista City Schools