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Adoption Date: 9/1/2012
Regulations - Regulations


3220R USE OF SERVICE ANIMALS

Service Animals

 

Pursuant to federal and state law, the Marcus Whitman School District permits the use of service animals on school grounds  by  individuals  with  disabilities.  A service  animal  is  any  dog  that  is individually  trained to do work or perform  tasks for the benefit of an individual  with a disability, including  a physical, sensory,  psychiatric,  intellectual,  or other  mental disability.  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 individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals  to the presence of allergens,  retrieving  items  such  as  medicine  or  the  telephone,  providing  physical  support  and assistance with balance and stability to individuals with mobility disabilities, and helping persons 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,  or  companionship  do  not  constitute  work  or  tasks  for  the  purposes  of  this definition.

 

Permissible Inquiries

 

Bona fide service animals may accompany  individuals  with disabilities in all areas of District buildings and grounds where the public is normally allowed to go. The District, however, reserves the right to ensure that an animal accompanying  an individual  with a disability is a bona fide service animal. When it is not obvious what service an animal provides, District staff may ask if the dog is a service animal required because of a disability,  and what work or task the dog has been trained to perform. District staff may not ask about the person's disability, require a special identification card or training documentation for the animal, or ask that the animal demonstrate its ability to perform the work or task.

 

Exclusions

 

The  District also reserves the right to exclude  a service animal from  District  property if the animal is out of control and the animal's handler does not take effective action to control it, if the animal is not housebroken,  or if the service  animal poses a direct threat to the health or safety of others. In the event a service animal is excluded from District property, the individual will be afforded the opportunity to participate in the service, program, or activity without having the service animal on the premises. Any instance in which an individual's service animal has been excluded from District property   will  be  reported   to   and  documented   by  the  appropriate   Building   Principal   or  the Superintendent of Schools.

 Responsibilitiesof Handlers

 

The District  isnot responsible  for the care or supervision  of an individual's  service  animal.  The service  animal's  handler  or the individual  for whom  the service  animal  is performing work  or tasks will  be  responsible  for  ensuring  that  the  animal  is cleaned,  fed,  groomed,  trained,  vaccinated,  and otherwise  cared for.

 

All service  animals  must be harnessed,  leashed,  or tethered,  unless such devices interfere  with a service  animal's  work  or  the individual's  disability  prevents  their  use.  If a harness,  leash,  or tether cannot be used, the individual  must maintain control of his/her service animal through voice, signal, or other effective  controls.

 

The  owner  or  handler  of  a  service  animal  is  solely  responsible   for  any  damage  to  District property or injury to personnel,students,  or other individuals.

 

Miniature Horses

 

The  District  will,  where  reasonable,   permit   the  use  of  miniature  horses  by  individuals   with disabilities,  provided  that  any  miniature  horse  has  been  individually trained  to do  work  or  perform tasks  for  the  benefit  of  the  individual.  In  determining  whether   the  use  of  a  miniature   horse  is reasonable,  the District will consider:

 

1)      The type, size, and weight of the miniature  horse and whether the facility can accommodate these features;

 

2)      Whether the handler has sufficient  control of the miniature  horse;

 

3)      Whether  the miniature horse is housebroken; and

 

4)      Whether  the miniature  horse's presence  in a specific facility  compromises legitimate  safety requirements that are necessary for the safe operation  of the District and its property.

 

The use of miniature horses by individuals with disabilities will be subject to the same rules requirements,and procedures  as the use of service  animals  generally.

 Use of Service Animals by Students

 

Where the use of a service animal by a student with a disability is sought, the child's parent(s) or guardian(s) must submit a request for such use to the applicable Building Principal/Supervisor. The request must indicate whether the animal is required because of a disability and what task or work the animal has been trained to do. Italso must provide documentation that the animal is up to date with respect to all required vaccines, that it does not have fleasor other infestation, and that it is in good health.

 

If there is any question concerning the relationship of the specific task or work to be performed by the service  animal to the student's educational  program, including  the student's  participation  in general education academic and nonacademic activities, the District's Committee on Special Education (CSE) or Section 504 team, as applicable, will convene to determine whether the service animal's presence is necessary for the student to receive a free appropriate public education or equal access to the District's programs,activities, or services.

 

Nothing herein will require that a service animal be specified on an Individualized Education Plan (IEP) or on a Section 504 Plan as a support, service, modification, supplementary aid,or accommodation for a student.

 

Use of Service Animals by District Employees

 

Use of a service animal  by an employee  with a disability  will be allowed  when such use is necessary to enable the employee to perform the essential functions of his/her position, or to enable the employee to enjoy comparable benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.

 

Where the use of a service animal by an employee with a disability is sought, then he/she must submit  a request for such  use to the applicable  *Building  Principal/Supervisor.  The  request  must indicate whether the animal is required because of a disability and what task or work the animal has been trained to do. Italso must provide documentation that the animal is up to date with respect to all required vaccines, that it does not have fleas or other infestation, and that it is in good health. All such requests will be addressed on a case-by-case basis.

 

 

 

 

28 CFR Sections 35.104,35.136, 35.139