|Oregon-Davis School Corporation|
|Bylaws & Policies|
8390 - ANIMALS ON SCHOOL CORPORATION PROPERTY
The Board recognizes that there are many occasions when animals are present on School Corporation property and many reasons for those animals' presence. Animals are commonly utilized by teachers during classroom presentations and are often housed in classrooms and other locations on campus. Additionally, employees, students, parents/guardians, vendors, and other members of the public may be accompanied at school by a service animal in accordance with Federal and Indiana law and this policy.
This policy shall apply to all animals on Corporation property, including service animals.
|A.||Animal shall be held to include every living creature other than a plant or a human.|
|B.||Service animal as used in this policy has the meaning of the term in I. C. 16-32-3-1.5 and means an animal trained and providing services constituting a reasonable accommodation to a person with a disability. The term includes but is not limited to:|
|1.||a hearing animal;|
|2.||a guide animal;|
|3.||an assistance animal;|
|4.||a seizure alert animal;|
|5.||a mobility animal;|
|6.||a psychiatric service animal; or|
|7.||an autism service animal.|
For purposes of the administration of this policy, note that while some Federal regulations limit the scope of the term "service animal" to a dog or miniature horse, Indiana law establishes the broader definition set out above.
Vaccination, Licensing and/or Veterinary Requirements
Animals admitted or housed on Corporation property or brought on Corporation property for any school purpose, such as to conduct random searches for illegal substances or to support classroom activities, or brought onto Corporation property on a regular basis for any purpose, including service animals, must meet every veterinary health and inoculation requirement set forth in State law and local regulation or ordinance, including but not limited to a current rabies vaccination.
Non-Service Animals in Schools and Elsewhere on Corporation Property
Animals, permitted in schools and elsewhere on Corporation property shall be limited to those necessary to support specific curriculum-related projects and activities, those that provide assistance to a student or staff member due to a disability (e.g., seizure disorder), those that provide a reasonable accommodation to a student in accordance with an Individualized Education Program or a Section 504 Plan, or those that serve as service animals as required by Federal and State law.
A non-service animal that is poisonous, a bite risk, or is otherwise dangerous to persons shall be housed and maintained in a manner so as to eliminate a risk of injury to a person. The risk of injury shall take into account that a student may not follow safety directives established for the handling of the non-service animal. This evaluation may result in a decision that despite the educational value of the non-service animal's presence, the educational value does not outweigh the risk of injury to a person.
Taking into consideration that some animals can cause or exacerbate allergic reactions, spread bacterial infections, or cause damage and create a hazard if they escape from confinement, the principal may permit animals other than service animals to be present in a Corporation school to support curriculum-related projects and activities only under the following conditions:
|A.||The staff member seeking approval to have a non-service animal in his/her classroom shall:|
|1.||provide a current satisfactory health certificate or report of examination from a veterinarian for the animal;|
|2.||take precautions deemed necessary to protect the health and safety of students and other staff;|
|3.||ensure that the animal is treated humanely, keeping it in a healthy condition and in appropriate housing (e.g., a cage or tank) that is properly cleaned and maintained; and|
|4.||keep the surrounding areas in a clean and sanitary condition at all times.|
|B.||Other staff members and parents/guardians of students in areas potentially affected by animals have been notified in writing and adjustments have been made to accommodate verified health-related or other concerns.|
Except where required by law, , the presence of a non-service animal shall be disallowed if documented health concerns of a student or staff member cannot be accommodated.
Humane Treatment of Animals
Animals kept on school premises shall be treated humanely and shall not be subjected to cruel treatment or housed in unsanitary or unnecessarily restrictive conditions. For purposes of this provision, "humanely" includes the provision of adequate food and fresh water, and the term "animal" means a sentient creature capable of assessing and responding to its environment.
Service Animals for Students
A service animal is permitted to accompany a student with a disability to whom the animal is assigned anywhere on the school campus where students are permitted to be.
A service animal is the personal property of the student and/or parents/guardians. The Board does not assume responsibility for training, daily care, healthcare, or supervision of a student's 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 Corporation's obligation must be stated in the student's IEP or Section 504 Plan. . By admitting a service animal to Corporation property, the Board does not assume responsibility for personal injury or property damage arising out of or relating to the presence or use of service animals on Corporation property or at Corporation-sponsored events.
A service animal that meets the definition set forth in this policy shall be under the control of the student with a disability or a separate handler if the student is unable to control the animal. A service animal shall have a harness, leash, or other tether, unless either the student with a disability 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 animalís safe, effective performance of work or tasks, in which case the service animal must be otherwise under the studentís control (e.g., voice control, signals, or other effective means), or under the control of a handler other than the student.
If the student with a disability is unable to control the service animal and another person serves as the animalís handler, that individual shall be treated as a volunteer and, as such, will be subject to Board Policy 8120.
The principal will be responsible for reviewing and determining whether the required documentation has been provided for the student's service animal. Services to a student shall not be suspended or withheld pending receipt of the requisite documentation for the service animal until the student or a parent/guardian has been given a reasonable period of time to submit any required documentation.
Removing and/or Excluding a Student's Service Animal
If a service animal demonstrates that it is not under the control of the student or its handler, the principal is responsible for documenting such behavior and for determining if and when the service animal is to be removed and/or excluded from school property.
Similarly, if a service animal has demonstrated that it is not housebroken, the principal is responsible for documenting such behavior and for determining whether the service animal is to be removed and/or excluded from school property.
The principal or administrator responsible for the Corporation facility shall notify the Superintendent by e-mail if a service animal has been removed and/or excluded and shall document the reasons for the removal or exclusion.
The principal's decision to remove and/or exclude a service animal from school property may be appealed in accordance with Policy 2260 - Nondiscrimination and Access to Equal Educational Opportunity and the complaint procedure set forth in AG 2260B - Complaint Procedures for Nondiscrimination.
The procedures that are set forth in AG 2260B - Complaint Procedures for Nondiscrimination shall not preclude a student and his/her parent/guardian from pursuing a complaint with the United States Department of Education's Office for Civil Rights, the United States Department of Justice, the Indiana Department of Education, or the Indiana Civil Rights Commission.
Eligibility of a Student's Service Animal for Transportation
A student with a disability shall be permitted to access Corporation transportation with his/her service animal. There may also be a need for the service animal's handler, if the handler is someone other than the student, to also access Corporation transportation. There may also be a need for the service animal's handler, if the handler is someone other than the student, to access Corporation transportation.
When a service animal is going to ride on a school bus owned or leased by the School Corporation, the student and his/her parents/guardians, or eligible student, and the handler, if s/he is someone other than the student, shall:
|A.||meet with the principal and/or Transportation Supervisor to discuss critical commands needed for daily interaction and emergency/evacuation, and to determine whether the service animal should be secured on the bus/vehicle with a leash, tether or harness;|
|B.||at the discretion of the principal and/or Transportation Supervisor an orientation will take place for students and staff who will be riding the bus/vehicle with the service animal regarding the service animal's functions and how students should interact with the service animal.|
The service animal shall board the bus by the steps with the student, not a lift, unless the student uses the lift to enter and exit the bus. The service animal must participate in bus evacuation drills with the student.
While the bus/vehicle is in motion, the service animal shall remain positioned on the floor, at the student's feet.
Situations that would cause cessation of transportation privileges for the service animal include:
|A.||the student, or handler, is not able to control the service animal's behavior, which poses a threat to the health or safety of others; or|
|B.||the service animal urinates or defecates on the bus.|
Prior to the first day of transportation, an eligible student(i.e., one who has reached the age of eighteen (18) and has not had a guardian appointed) or his/her parents/guardians shall be informed in writing of the types of service animal behaviors that could result in cessation of transportation privileges for the service animal.
If it is necessary to suspend transportation privileges for the service animal for any of the above reasons, the decision may be appealed to the Transportation Supervisor and/or principal.
Although transportation may be suspended for the service animal, it remains the Corporation's responsibility to transport the student. Furthermore, unless the behavior that resulted in the service animal's removal from the bus/vehicle is also documented during the school day, the service animal may still accompany the student in school.
Service Animals for Employees
In accordance with Policy 1623, Policy 3123, and Policy 4123 - Section 504/ADA Prohibition Against Disability Discrimination in Employment, the Corporation provides qualified individuals with disabilities with reasonable accommodation(s). An employee with a disability may request authorization to use a service animal while on duty as such an accommodation. The request will be handled in accordance with the interactive process mandated by the Americans with Disabilities Act.
Food Service Employees
Food service employees who use a service animal shall be required to comply with the standards applicable to food preparation and food service set out in FDA Food Code Section 2-403.11. Failure to comply with these requirements represents a direct threat to health of others. This provision prohibits handling of animals by employees engaged in food preparation or service, but allows employees to use service animals if certain specific conditions are met. Section 6-501.115 states that service animals may be permitted in food consumption areas not used for food preparation. Food service employees may handle their service animals if, after handling a service animal, the employee washes his/her hands for at least twenty (20) seconds using soap, water, and vigorous friction on surfaces of the hands, followed by rinsing and drying as per Section 2-301.12.
Employees of vendors shall be accommodated as employees of the Corporation as long as this accommodation does not cause undue hardship for the Corporation or a direct threat to the health or safety of employees or others.
Service Animals for Parents/guardians, Vendors, Visitors, and Others
Individuals with disabilities who are accompanied by a service animal are permitted access to all areas of the Corporation's facilities where members of the public, as participants in services, programs, or activities, as vendors, or as invitees, are permitted to go. Individuals who will access any area of the Corporation's facilities with their service animal will accompany them during their visit.
An individual with a disability who attends a school event will be permitted to be accompanied by his/her service animal in accordance with Policy 9160 - Public Attendance at School Events.
I.C. 16-32-3: Rights of Blind and Other Physically Disabled Persons
28 C.F.R. 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
© Neola 2015