8390 - SERVICE ANIMALS

Jackson County Intermediate School District

Bylaws & Policies

8390 - SERVICE ANIMALS

The Board and its designated representatives, agents and employees, including the Superintendent, teachers and all staff employed by the Board, (hereinafter, "the District") will comply with the provisions of Title II the Americans with Disabilities Act ("ADA") of 1990, 42 U.S.C. § 12131 et seq., and its implementing regulations at 28 C.F.R. Part 35, as amended, regarding an individual with disability’s use of a service animal.

Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. Individuals with disabilities will be permitted to be accompanied by their service animals in all settings and activities of the District’s facilities where members of the public, participants in services, programs or activities, or invitees, are allowed to go.

It is imperative that the District does not ask about the nature or extent of a person’s disability; however, the District may make two limited inquiries to determine whether an animal qualifies as a service animal as defined by the ADA: Where it is not readily apparent that an animal is trained to do work or perform tasks for an individual with a disability, the District may ask if the animal is required because of a disability and what tasks or work the animal can perform.

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

A.	The definition of a service animal, as established by the ADA, is as follows:

	Service Animal means 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. 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 healing 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.

	1.	The ADA also defines a miniature horse as an animal that can serve as a service animal, so long as the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. To better determine whether the District must allow for the use or a miniature horse or make modifications to buildings, the District will refer to Section 35.136(c) through (h) of the ADA.


	2.	A service animal that meets the above definition will be under the control of the individual with a disability or a designated third-party handler. A service animal will have a harness, leash, or other tether, unless either the individual 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 animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the individual with a disability’s control (e.g., voice controls, signals, or other effective means).

	3.	The District is not responsible for the care or supervision of a service animal.

B.	The District may only ask an individual with a disability to remove a service animal from a setting or activity if one of the following exceptions apply to the general rule that a public entity shall modify its policies, practices or procedures to permit the use of a service animal by an individual with a disability:

	1.	The animal is out of control and the animal’s handler does not take effective action to control it;

	2.	The animal is not housebroken; or,


	3.	The use of the animal poses a "direct threat." The District will only limit the setting in which an individual with a disability is accompanied by a service animal, the activities in which that individual uses a service animal, and the types of assistance a service animal provides during a particular activity where the individual with a disability’s use of the service animal would pose a "direct threat." Pursuant to the Title II regulations at 28 C.F.R. § 35.104, a "direct threat" is defined as a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. In making any determination that the use of a service animal poses a "direct threat" to the health or safety of others in a particular setting or activity, the District will make an individualized determination based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence to ascertain: the nature, duration, and severity of the risk: the probability that the potential injury will actually occur; and whether reasonable modifications or policies, practices or the provision of auxiliary aids or services will mitigate the risk, pursuant to 28 C.F.R. § 35.139.

C.	If a service animal is properly excluded from a setting or activity, then the District will give the individual with a disability the opportunity to participate in the setting or activity without the service animal.


	D.	If an individual with a disability requires a third-party handler to operate the service animal, the District will not limit the service animal’s or the third-party handler’s physical proximity to the individual with a disability, limit the individual with a disability’s activities, or separate an individual with a disability who uses a service animal from his or peers because of that individual’s use of a service animal, except as provided by 28 C.F.R. § 35.104 and 35.136(b). The third-party handler will be expected to comply with the District’s established policies that apply in the school setting, including those that apply to fire drills and volunteers. In addition, the third-party handler will submit to a criminal background check that is required of all personnel who regularly interact with children in the school setting. The third-party handler will not engage in activities that create a disruption to the setting or activity. A third-party handler who refuses to comply with these requirements may be properly excluded from a setting or activity. If the third-party handler is properly excluded from a setting or activity, then the District will give the individual with a disability the opportunity to retain an alternate third-party handler or participate in the setting or activity without the service animal.

	E.	The District will 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 damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.

28 C.F.R. 35.104
Section 504 of the Rehabilitation Act of 1973, as amended (Section 504)
The Americans with Disabilities Act, as amended (ADA)
The Individuals with Disabilities Education Improvement Act (IDEIA)

Adopted 11/10/15