imga_service_animals
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imga_service_animals [2019/12/09 20:09] wiki |
imga_service_animals [2022/08/03 17:06] (current) wiki |
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| - | **Policy IMGA | + | **Policy IMGA\\ |
| Service Animals\\ | Service Animals\\ | ||
| School Board Approved: July 23, 2018** | School Board Approved: July 23, 2018** | ||
| - | **Purpose** | + | **Purpose**\\ |
| This policy addresses the use of service animals within school buildings and on school grounds. As established and defined by the Americans with Disabilities Act and its accompanying regulations, individuals with disabilities shall be permitted to bring their service animals in school buildings or on school grounds in accordance with this policy. Conditions relative to pets and non-service animals within the school building and on school grounds are found in Board Policy IMG. | This policy addresses the use of service animals within school buildings and on school grounds. As established and defined by the Americans with Disabilities Act and its accompanying regulations, individuals with disabilities shall be permitted to bring their service animals in school buildings or on school grounds in accordance with this policy. Conditions relative to pets and non-service animals within the school building and on school grounds are found in Board Policy IMG. | ||
| - | **Service Animal Defined** | + | **Service Animal Defined**\\ |
| In accordance with 28 CFR 35.104 (effective March 15, 2011) a “service animal” is defined as: | In accordance with 28 CFR 35.104 (effective March 15, 2011) a “service animal” is defined as: | ||
| Line 15: | Line 13: | ||
| This definition shall be construed to include a “hearing ear dog,” “guide dog,” or “service dog,” as those terms are currently defined in NH RSA 167-D:3. | This definition shall be construed to include a “hearing ear dog,” “guide dog,” or “service dog,” as those terms are currently defined in NH RSA 167-D:3. | ||
| - | **Permissible Inquiries** | + | **Permissible Inquiries**\\ |
| The District will not make the inquiry about the nature or extent of an individual’s disability in determining whether to allow a service animal in a school building or on school grounds. When it is not patently obvious as to the role of the service animal, the District may ask whether the animal is required because of a disability and what work or task the animal as been trained to perform. | The District will not make the inquiry about the nature or extent of an individual’s disability in determining whether to allow a service animal in a school building or on school grounds. When it is not patently obvious as to the role of the service animal, the District may ask whether the animal is required because of a disability and what work or task the animal as been trained to perform. | ||
| When a student or employee’s disability requires the presence of a service animal in a school building or on school grounds during the school day, the District shall also require annual submission of proof of current vaccinations and immunizations of the service animal and a current veterinary health certificate. | When a student or employee’s disability requires the presence of a service animal in a school building or on school grounds during the school day, the District shall also require annual submission of proof of current vaccinations and immunizations of the service animal and a current veterinary health certificate. | ||
| - | **Access to the School Buildings and Grounds** | + | **Access to the School Buildings and Grounds**\\ |
| In accord with federal regulations, individuals with disabilities shall be permitted to be accompanied by their service animal in all areas of District schools, where members of the public, participants in services, programs, or invitees, as relevant, are allowed to go. | In accord with federal regulations, individuals with disabilities shall be permitted to be accompanied by their service animal in all areas of District schools, where members of the public, participants in services, programs, or invitees, as relevant, are allowed to go. | ||
| - | **Animals for Children with Educational Disabilities or a Section 504 Plan** | + | **Animals for Children with Educational Disabilities or a Section 504 Plan**\\ |
| If a student with an educational disability or a Section 504 Plan seeks to bring an animal on a school campus that is not a service animal, the request shall be referred to the IEP or Section 504 Team to determine whether the animal is necessary for the student to receive a free and appropriate education (FAPE). | If a student with an educational disability or a Section 504 Plan seeks to bring an animal on a school campus that is not a service animal, the request shall be referred to the IEP or Section 504 Team to determine whether the animal is necessary for the student to receive a free and appropriate education (FAPE). | ||
| - | **Management of Service Animals** | + | **Management of Service Animals**\\ |
| Service animals must be under control of their handlers. 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 tether would interfere with the service animal’s safe, 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). | Service animals must be under control of their handlers. 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 tether would interfere with the service animal’s safe, 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). | ||
| - | **Care of and Responsibility for Service Animals** | + | **Care of and Responsibility for Service Animals**\\ |
| The District is not responsible for the care or supervision of a service animal. The owner or handler of the service animal shall be solely responsible for: | The District is not responsible for the care or supervision of a service animal. The owner or handler of the service animal shall be solely responsible for: | ||
| - | * Supervision and care of the animal, including feeding, exercising, clean-up and stain removal; | + | * Supervision and care of the animal, including feeding, exercising, clean-up and stain removal. |
| - | * Restraint of the animal at all times; | + | * Restraint of the animal at all times. |
| - | * Damages to the school buildings, property and vehicles caused by the animal; | + | * Damages to the school buildings, property and vehicles caused by the animal. |
| - | * Injuries to students, employees, volunteers and visitors caused by the animal; and | + | * Injuries to students, employees, volunteers and visitors caused by the animal. |
| * Annual submission of documentation of vaccinations and immunizations. | * Annual submission of documentation of vaccinations and immunizations. | ||
| - | **Animals for Employees** | + | **Animals for Employees**\\ |
| Use of a service animal by a qualified 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 enjoy the benefits of employment in a manner comparable to those similarly situated non-disabled employees. | Use of a service animal by a qualified 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 enjoy the benefits of employment in a manner comparable to those similarly situated non-disabled employees. | ||
| - | **Circumstances Under Which a Service Animal Will Be Prohibited from Campus** | + | **Circumstances Under Which a Service Animal Will Be Prohibited from Campus**\\ |
| The Superintendent or other designee may ask an individual with a disability to remove a service animal from the campus or school event, or may even deny a request for use of a service animal on campus or at a school event if: | The Superintendent or other designee may ask an individual with a disability to remove a service animal from the campus or school event, or may even deny a request for use of a service animal on campus or at a school event if: | ||
| Line 61: | Line 52: | ||
| A decision to remove or prohibit a service animal from District schools may be appealed to the Superintendent of Schools. | A decision to remove or prohibit a service animal from District schools may be appealed to the Superintendent of Schools. | ||
| - | **Legal References:** | + | **Legal References:**\\ |
| //Section 504 of the Rehabilitation Act – 29 U.S.C. 794\\ | //Section 504 of the Rehabilitation Act – 29 U.S.C. 794\\ | ||
| Americans with Disabilities Act – 42 U.S.C. 12101 et seq.\\ | Americans with Disabilities Act – 42 U.S.C. 12101 et seq.\\ | ||
imga_service_animals.1575918575.txt.gz · Last modified: 2019/12/09 20:09 by wiki
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