FILE:  IDDFB

 

SERVICE ANIMALS

 

 

The Ouachita Parish School Board prohibits discrimination against individuals with disabilities, including those who are assisted by a service animal as result of a disability. The School Board shall comply with the requirements of Title II of the Americans with Disabilities Amendments Act of 2008 (ADAAA) and its implementing regulations, as well as other applicable federal and state laws and regulations governing the use of service animals by students and staff with disabilities in its services, programs, and activities. Under this policy, service animals are permitted in buildings, classrooms, recreational facilities, programs, and activities of the School Board where the public is normally allowed access, subject to the following provisions. 

 

GENERAL PROVISIONS

 

  1. A service animal is defined as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.  Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this policy.  The work or task a service animal has been trained to provide must be directly related to the individual’s disability and must be required because of the individual’s disability.  The crime deterrent effects of an animal’s presence and the provision of emotional support, comfort, well-being, or companionship do not constitute work or tasks for the purposes of this policy.  Service animals are working animals, not pets.

  2. Prior knowledge and authorization of the Superintendent is required before a service animal can be brought onto school district property. The School Board reserves the right to inquire about whether a service animal is required because of disability when it is not obvious what service the animal provides.  The School Board further reserves the right to inquire about the specific tasks a service animal performs for the individual with a disability.

  3. Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents the use of such devices.  In such cases where a harness or other control device cannot be used, the individual with a disability shall be required to maintain control of the animal through voice, signal, or other effective means. The service animal must be accompanied at all times by the individual with a disability for whom it is performing specific work or tasks.

  4. The School Board may ask an individual with a disability to remove a service animal from its premises if:  (1) the animal is out of control and the handler does not take effective action to control it; (2) the animal is not housebroken; or (3)  the animal poses a direct threat to the safety of anyone.  If any service animal is excluded from School Board programs, services or activities, the School Board shall offer the individual with a disability the opportunity to participate in such programs, services, or activities without the animal’s presence.

  5. The service animal shall be able to perform its work or tasks in public, under the full control of its handler (including full control of the animal in the presence of large numbers of school children, as may be applicable).

  6. Service animals shall not solicit attention, display aggression, solicit or steal food or other items from students or staff, and shall not disrupt the normal course of business at school or any School Board facilities, programs, and activities.

  7. Service animals shall be clean and well groomed so as to minimize offensive odors, shedding and dander and shall be free of fleas and ticks. Because schools serve large numbers of children in classrooms and other confined spaces and, to protect the safety of such students and their service providers, the School Board requires owners/users of a service animal to provide annual proof that the service animal is properly immunized and in good health.

  8. Under appropriate circumstances and where reasonable, the School Board shall make modifications to its practices and procedures to permit the use of a miniature horse by an individual with a disability.  In such cases, the School Board shall determine whether miniature horses can be accommodated in its facilities by examining the following factors:  (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will compromise legitimate safety requirements necessary for safe operation of the facility.  Miniature service horses must be individually trained to do work or perform tasks for the benefit of the individual with a disability. 

  9. The School Board shall not be responsible for the care, feeding, or supervision of a service animal, including walking the animal, responding to the animal’s need to relieve itself, or waste removal.

  10. A service animal is considered the personal property of its owner/individual with a disability and, as such, the owner/individual with a disability shall assume liability for any and all harm, damage, or injury caused by the service animal to other students, staff, visitors, and/or property.

 

REQUESTS FOR USE OF A SERVICE ANIMAL

 

  1. All requests for an individual with a disability to be accompanied by a service animal for the purpose of participating in School Board programs, services, and activities must be submitted in writing to the Superintendent, or his/her designee, at least ten (10) school days before bringing an animal onto School Board premises or participating in School Board programs, services, or activities.

  2. All requests for use of a service animal shall be made on a form created by the Superintendent. The form and administrative procedures to accommodate the use of service animals in School Board facilities, programs, services, and activities shall be available upon request from the School Board’s designated Section 504/ADA Coordinator.  Assistance shall be made available to individuals who, because of disability, are unable to submit such request in writing. 

  3. The School Board reserves the right to request current, documented confirmation of service animal immunizations and health status in order to reasonably and responsibly protect the health and safety of children, employees, and others with whom the service animal may come into contact.

  4. Any individual whose request to use a service animal is denied by the School Board for good cause shall have the right to request reconsideration of such decision.  All reconsideration requests must be presented to the Superintendent in writing within five (5) business days of any such denial.

  5. Individuals who are not employees or students of the School Board, but who are visiting a School Board facility or event and require a service animal accommodation for their disability, should contact the Section 504/ADA Coordinator for the School Board.

 

Nothing in this policy is intended to deny or limit any right of a student, employee, or visitor of the School Board under any other federal or state law or regulation.

 

New policy: November, 2012

Recoded from IDDFA:  December, 2019

 

 

Ref:    42 USC 12101 et seq. (Americans with Disabilities Act of 1990)

ADAAA of 2008 (Americans with Disabilities Act Amendments Act of 2008)

28 CFR 35 (Nondiscrimination on the Basis of Disability in State and Local Government Services)

Board minutes, 12-13-12

 

Ouachita Parish School Board