John Glenn School Corporation
Administrative Guidelines
 

8390 - USE OF SERVICE ANIMALS

The Superintendent and building principals or administrators in charge of Corporation facilities shall comply with the provisions of the Americans with Disabilities Act (ADA), as amended, regarding an individual with a disabilityís use of a service animal.

Individuals with disabilities shall be permitted to be accompanied by their service animal in all areas of the Corporationís facilities where members of the public, as participants in services, programs or activities, or as invitees, are allowed to go.

It is imperative that Corporation staff not ask about the nature or extent of a person's disability; however, they may make inquiries to determine whether an animal qualifies as a service animal. While Corporation staff cannot ask about the individualís disability, they may ask if the animal is required because of a disability and what tasks or work the animal can perform. When the work or tasks the service animal will perform are readily apparent, Corporation staff should not ask.

Under no circumstances should Corporation staff require documentation, such as proof that the service animal has been certified, trained or licensed as a service animal.

For purposes of this guideline, "service animal" includes an animal that serves as:

 

A.

a hearing animal;

 
 

B.

a guide animal;

 
 

C.

an assistance animal;

 
 

D.

a seizure alert animal;

 
 

E.

a mobility animal;

 
 

F.

a psychiatric service animal; or

 
 

G.

an autism service animal.

A service animal that meets the above definition shall be under the control of its handler (e.g., a student with a disability). A service animal 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 and effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).

 

A.

The service animalís trainer can help to develop a plan to assist the student with the service animal (e.g., the studentís aide might transfer the service animalís leash from a studentís wheelchair to a tree during recess). Additionally, a younger student might need reminders from school staff about controlling the dog until s/he is comfortable handling the service animal at school.

 
 

B.

While the student is responsible for the service animalís care, including feeding and supervision, the Corporation should develop a plan to provide the student with the necessary time to care for the animal and designate a location for the animalís toileting needs.

Additionally, Corporation staff are not responsible for the care or supervision of a service animal, unless the provision of a service animal is required for a student to receive a free appropriate public education ("FAPE"), in which case the Corporationís obligation must be stated in the studentís IEP or Section 504 Plan.

A service animal may be removed from the Corporation premises if one (1) of the following exceptions applies:

 

A.

the animal is out of control and the animal's handler does not take effective action to control it; or

 
 

B.

the animal is not housebroken.

If a service animal is properly excluded from the premises, the Superintendent, building principal, or administrator in charge of the facility shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.

Corporation staff shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his/her service animal. (See Board Policy 8405)

A student who wants to bring his/her service animal to school should notify the building principal in writing at least ten (10) school days prior to the date the animal will be coming to school so that school staff can meet with the student and his/her parents/guardians to discuss any concerns and develop a plan. The plan, at a minimum, should address how school staff and other students will be educated about and introduced to the service animal, how the student will be accommodated to care for the dog, and how any issues will be resolved. The principal should provide the student and staff with specific instructions concerning emergency evacuation plans, entry and egress points, areas where the animal may urinate/defecate, waste removal procedures, and building restrictions, if any.

 

A.

The principal will provide written notification to all parents/guardians of students in the affected class(es) and staff in the affected class(es) that a service animal will be coming into the school setting. The notification will request that the parents/guardians and/or staff notify the principal if they have or their child has any known allergies, asthma, or other health condition that might be aggravated by the service animalís presence. The principal will take appropriate action to protect any such students or staff members from exposure to the service animal.

 
 

B.

Allergies and fear of the service animal are not valid reasons for denying a studentís or staff member's request to have a service animal at school.

 
 

C.

When an individual whose health may be aggravated by the service animalís presence and an individual who uses a service animal must spend time in the same room or facility, such as a classroom or cafeteria, both individuals should be accommodated by assigning them, if possible, to different locations within the room or different rooms in a school or facility.

I.C. 16-32-3: Rights of Blind and Other Physically Disabled Persons
28 CFR Part 35: Justice Department Regulations for Nondiscrimination on the Basis
of Disability in State and Local Government Services
29 C.F.R. 1630: EEOC Regulations Implementing the ADA as amended
34 C.F.R .Part 104: Regulations Implementing Section 504 of the Rehabilitation Act,
29 U.S.C. 794
34 C.F.R. Part 300: Individuals with Disabilities Education Act (IDEA) Regulations
511 IAC 7-43-1(1)(2)(B): Related Services for Students

Approved 3/4/14
Revised 8/4/15

© Neola 2015