The use of a service animal by an individual with a disability will not be conditioned on the payment of a fee, security deposit or surcharge.

Transcription

1 Service Animals in Schools A. Service Animal Uses: Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure or performing other special tasks. Service animals are working animals, not pets. Use of a service animal by a student with a disability will be allowed in school when that student s disability requires such use in order to assist or accommodate access to the instructional program, school services and/or school activities. Use of a service animal by an employee with a disability will be allowed when such use is necessary as a reasonable accommodation to enable the employee to perform the essential functions of their job or to access benefits of employment provided to all employees in the same job classification. The use of a service animal by an individual with a disability will not be conditioned on the payment of a fee, security deposit or surcharge. B. Requirements for Service Animal Access: Before a service animal will be permitted in school, on school property or at school sponsored events, the student s parent or the employee must submit a request (Appendix A for students along with Appendix B which is informational, Appendix C for staff along with Appendix D which is informational) provide a description of the task(s) the service animal is expected to perform in assisting the person with a disability. The district will provide access to a person with a disability who needs a service animal provided that the tasks performed by the service animal are directly related to the disability; and the animal has been individually trained to perform a task, is housebroken; is free of disease and parasites, has a harness, leash or tether so it cannot run free and is under the control of the person with a disability, unless either the handler is unable because of a disability to use a harness, leash or other tether, or the use of the 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 handler s control (e.g., voice control, signals or other effective means). A service animal must also be licensed and immunized in accordance with the laws, regulations and ordinances of the city of Prosser, the county and the state of Washington. C. Parents or Animal Handlers: Parents or animal handlers who will be present in school for the purpose of assisting a student with his/her service animal are required to submit to a sex offender registry and criminal background check. In addition, parents and handlers must comply with all standards of conduct that apply to school employees and volunteers. A management plan for the care of the service animal will be developed prior to the animal being allowed on-site with a student or staff (Appendix E for both student and staff). Page 1 of 14

2 Once the management plan is in place the school administration/supervisor will complete the needed check list (Appendix F for school environment, Appendix G for work environment). The documentation is then forwarded on to the 504 Coordinator or Special Services Director who will then make a recommendation to the Superintendent. The Superintendent will then inform the Prosser School Board of the request and decision. D. Removal or Exclusion of a Service Animal from School or School Property: The building principal or district administrator may request an individual with a disability to remove a service animal from school, a school sponsored activity or school property if the animal is out of control and the animal s handler does not take effective action to control the animal. Examples of the animal being out of control include, but are not limited to the following: 1. The presence of the animal poses a direct threat to the health and/or safety of others; 2. The animal significantly disrupts or interferes with the instruction program, school activities or student learning. However, annoyance on the part of the others is not an unreasonable risk to property or others to justify the removal of the service animal; 3. The presence of the animal would result in a fundamental alteration of any school program; 4. The individual in control of the animal fails to appropriately care for the animal, including feeding, exercising, taking outside for performance of excretory functions and cleaning up after the animal; 5. The animal fails to consistently perform the function(s)/service(s) to assist or accommodate the individual with the disability; 6. The animal is ill; or 7. The animal is not housebroken. If the district excludes a service animal, it will provide the individual with a disability the opportunity to participate in the service, program or activity without having the service animal on the premises. E. Service Animals at School-Sponsored Events: Individuals with disabilities may be accompanied by their service animals to events or activities open to the public that are held in schools or on school property. The building administrator may revoke or exclude the service animals for the reasons set forth in paragraph D above. F. Responsibility/Liability: 1. Neither the district, nor its employees, is responsible for the cost, care or supervision of the service animal. (See Policies 2161, Education of Students with Disabilities and 2162, Education of Students with Disabilities under Section 504, for responsibility for related services). 2. A service animal must be under the control of its handler. A service animal must also 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 the 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 handler s control (e.g., Page 2 of 14

3 voice control, signals or other effective means). 3. The owner/handler of the service animal is responsible for any and all damage and injury to persons or property caused by the service animal at school, on school premises or at school activities. 4. Since the owner of the dog is not covered under the district s liability insurance it is suggested that the owner gets coverage from their own personal liability insurance policy. G. Appeals A parent or employee whose service animal has been excluded or removed may appeal the decision to the Superintendent for remedies under Section 504 and other disability right laws, Federal and State. If dissatisfied with the Superintendent s decision, the parent or employee may appeal to the school board. Legal References: American Disabilities Act (ADA), Revised Title II Regulations 35 Service animals Section 504 of the Rehabilitation Act of 1973 RCW Definitions RCW 28A.642 Discrimination Prohibition WAC (3) General Operating Requirements WAC A (3) Related Services WAC A Child with a Disability or Student eligible for Special Education WAC Equal Educational Opportunity unlawful discrimination prohibited WAC Public accommodations, disability discrimination H. Resources 1. District Contacts Superintendent of Prosser School District Human Resources Coordinator Director of Special Services 504 Coordinator 2. State Contacts Superintendent of Public Instruction Washington State Human Rights Commission Equity and Civil Rights Office 711 South Capitol Way, Suite 402 P.O. Box P.O. Box Olympia, WA Olympia, WA Office of Civil Rights U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, WA Page 3 of 14

4 Appendix A REQUEST FOR SERVICE ANIMAL INVOLVEMENT WITH A STUDENT Name of student: D.O.B. School: Name(s) of parent(s)/guardian(s): Address: Telephone Number(s): (h) (w) a) I/We request that be allowed to use a service animal at school and at school-related activities. b) The service animal will provide the student with the following assistance: (attach documentation as necessary) c) The service animal is a dog miniature horse d) Length of time the student and animal have worked together e) Annual review date or review date at change of placement f) Additional information that will assist the principal (e.g. safety, behavior, or temperament of the animal). g) Documentation submitted with this request (please check the appropriate boxes): a letter from a physician, nurse, or other professional confirming the student needs the animal for reasons relating to the disability copy of animal s registration and training certification with a recognized training center copy of current, official vaccination certificate for the animal proof of municipal animal license copy of training certification of individual responsible for the animal Page 4 of 14

5 I/We understand that it is our responsibility to: transport or walk the animal to and from school, or facilitate the use of bus transportation provide the required equipment and animal care items assume financial responsibility for the animal s training, veterinary care, and other related costs attend to the daily care needs of the animal work cooperatively with the school staff to make this accommodation a success assist the principal to communicate relevant information to the school community provide the principal with required documentation in a timely fashion and inform the principal of all relevant information that may affect the child, the other students, and/or staff I/We understand the as the owner of the dog is not covered under the district s liability insurance it is suggested that the owner get coverage from their own personal liability insurance policy. I/We give permission for this information to be shared with the school community. Signature of parent(s)/guardian(s) For office use only: Request approved Principal Signature Request not approved 504 Coordinator/Special Services Director Superintendent Page 5 of 14

6 Appendix B INFORMATION FOR PARENTS/GUARDIANS REQUESTING A SERVICE ANIMAL IN THE SCHOOL 1. The success of the implementation of a service animal into a school setting depends on clear communication, a well-informed school community and careful planning. The information you provide will assist the principal to make the best possible decisions for your child and other students as well as for the staff, volunteers and visitors in the school. The information will be filed in your child s permanent student record (PSR). 2. The use of a service animal is considered to be an accommodation to help your child learn and to develop the necessary skills to achieve success at school. If your child already has an Individual Education Plan, it will be reviewed at a case conference. If not, one will be developed in consultation with you. The principal or designate will invite you, and as applicable, your child s teacher, a representative from the training center, the special education teacher in the school, the Director of Special Education and education assistant(s) to the case conference to discuss your child s needs, the accommodations that are already in place for your child, as well as the additional assistance provided by a service animal. 3. The information you provide will help in the principal's consideration of your request. It is important that you provide the information that addresses the safety of the students and staff. For example, the principal needs to know that the animal has no history of nipping, biting or growling at children or adults, nor exhibits aggressive protective behaviors. 4. The well-being of the animal is also very important. Its care, handling and training needs will be addressed, and your input as a trained handler is valuable. The principal also needs to know what other resources are available to facilitate the transition to school and the implementation of the plan. Strategies for becoming familiar with the building and school grounds, introduction to assemblies/concerts, recess, and informing the staff about interacting with the animal will need to be included in the planning to be as consistent and fair to the animal as possible. 5. The principal, with your assistance, will develop a communication plan to inform students, staff and community members as appropriate. 6. Your responsibilities include: transporting or walking the animal to and from school, or facilitating the use of bus transportation providing the required equipment and animal care items attending to the daily care of the animal assuming financial responsibility for the animal s training, veterinary care, and other related costs working cooperatively with the school staff to make this accommodation a success assisting the principal to communicate relevant information to the school community Page 6 of 14

7 providing the principal with required documentation in a timely fashion informing the principal of all relevant information that may affect the students and staff 7. Once the necessary information has been received, the principal the documentation is then forwarded on to the 504 Coordinator or Special Services Director who will then make a recommendation to the Superintendent. The Superintendent will then inform the Prosser School Board prior to the admittance and implementation of the service animal to the school. 8. If your request is approved a series of planning steps must take place to ensure a smooth transition for the entry of the service animal. 9. After all the discussion and planning is in place, the goal will be to implement the plan as soon as possible. 10. Since the owner of the dog is not covered under the district s liability insurance it is suggested that the owner get coverage from their own personal liability insurance policy. Page 7 of 14

8 Appendix C REQUEST FOR SERVICE ANIMAL INVOLVEMENT WITH STAFF Name of Individual: Site: Telephone Number(s): (h) (w) a) The service animal will provide the following assistance: (attach documentation if necessary) b) The service animal is a dog miniature horse c) Length of time the animal and I have worked together? d) Annual review date or review date at change of placement e) Additional information that will assist the supervisor (e.g. safety, behavior, or temperament of the animal): f) Documentation submitted with this request (please check the appropriate boxes): a letter from a physician, nurse, or other professional confirming that I the animal for reasons relating to the disability copy of animal s registration and training certification with a recognized training center copy of current, official vaccination certificate for the animal proof of municipal animal license copy of training certification of individual responsible for the animal I understand that it is my responsibility to: transport or walk the animal to and from the work site provide the required equipment and animal care items assume financial responsibility for the animal s training, veterinary care, and other related costs attend to the daily care needs of the animal work cooperatively with the staff to make this accommodation a success assist the supervisor to communicate relevant information to staff provide the supervisor with required documentation in a timely fashion and inform the supervisor of all relevant information that may affect personnel in the work site. Page 8 of 14

9 I understand that as the owner of the dog is not covered under the district s liability insurance it is suggested that the owner get coverage from their own personal liability insurance policy. I give permission for this information to be shared with the work site community. Signature of staff member For office use only: Request approved Request not approved Supervisor Signature Human Resources Coordinator Superintendent Page 9 of 14

10 Appendix D INFORMATION FOR STAFF REQUESTING A SERVICE ANIMAL INVOLVEMENT IN THE WORKPLACE 1. The success of the implementation of a service animal into the workplace depends on clear communication, a well-informed workplace and careful planning. The information you provide will assist the supervisor in making the best possible decisions for you as well as your coworkers, students, volunteers and visitors in the workplace. The information will be filed in your personnel file. 2. The information you provide will help in the consideration of your request. It is important that you provide information that addresses the safety of others. For example, the supervisor needs to know that the animal has no history of nipping, biting or growling, nor exhibits aggressive protective behaviors. 3. The well-being of the animal is also very important. Its care, handling and training needs will be addressed and your input as a trained handler is valuable. The supervisor also needs to know what other resources are available to facilitate the transition to the workplace and the implementation of the plan. Strategies for becoming familiar with the building and grounds and informing others about interacting with the animal will need to be included in the planning to be as consistent and fair to the animal as possible. 4. The supervisor, with your assistance, will develop a communication plan to inform students, staff members and community members as appropriate. 5. Your responsibilities include: transporting the animal to and from work providing the required equipment and animal care items attending to the daily care of the animal assuming financial responsibility for the animal s training, veterinary care and other related costs working cooperatively with the other staff to make this accommodation a success assisting the supervisor to communicate relevant information to the work site providing the supervisor with required documentation in a timely fashion informing the supervisor of all relevant information that may affect others 6. Once the necessary information has been received, the appropriate supervisor will be consulted prior to the admittance and implementation of the service animal to the work site. 7. If your request is approved, a series of planning steps must take place to ensure a smooth transition for the entry of the service animal. 8. After all discussion and planning is in place, the goal will be to implement the plan as soon as possible. 9. Since the owner of the dog is not covered under the district s liability insurance it is suggested that the owner get coverage from their own personal liability insurance policy. Page 10 of 14

11 Appendix E MANAGEMENT PLAN FOR THE CARE OF THE SERVICE ANIMAL Name of Student/Staff who will be using the Service Animal: : Name of animal: Type of animal: School/Site: Name(s) of Individual(s) responsible for the implementation of the management plan for the care of the service animal: NOTE: Responsibility for care of the animal rests 100% with the individual(s) listed above, not Prosser School District staff Water needs: (e.g. provision of water bowl, procedures for use, cleaning, etc.) Dietary Needs Procedure: Bladder/Bowel needs of animal: (e.g. frequency, location, disposal, etc.) Other considerations 1. Rest periods from work 2. Hot weather 3. Winter weather 4. Additional Considerations Signature of Parent/Guardian or Staff Signature of Individual(s) responsible for care of the animal Signature of Principal/Supervisor Page 11 of 14

12 Appendix F ADMINISTRATIVE CHECKLIST FOR IMPLEMENTATION OF SERVICE ANIMAL INTO A SCHOOL ENVIRONMENT Task completed Advise parent/guardian and student 18 years and older, making the request that the Prosser School District School Board has a procedure to follow before a decision is made. Provide parent(s)/guardian(s) with the following forms: Request for Service Animal Involvement with a Student (Appendix A); Information for Parents/Guardians Requesting a Service Animal in the School (Appendix B); and Management Plan for the Care of the Service Animal (Appendix E) Inform Superintendent of Education and Director of Special Education of the request. Receive copies of documentation: a letter from a physician, nurse, or other professional confirming that I the animal for reasons relating to the disability copy of animal s registration and training certification with a recognized training center copy of current, official vaccination certificate for the animal proof of municipal animal license copy of training certification of individual responsible for the animal completed Request for Service Animal Involvement With a Student completed Management Plan for the Care of the Service Animal convene an MDT and invite the following to attend (if applicable): 1. parents/guardians and/or student if appropriate 2. classroom teacher(s) 3. school nurse 4. specialized support staff 5. resource room teacher 6. Director of Special Education 7. representative from the animal training center 8. educational assistant(s) who work with the client Inform school staff that a request has been made and receive their input. Inform appropriate bus contact that a request has been made and receive their input. Inform School Council, Home and School Associations and/or other parent groups, and community that a request has been made and receive their input. Submit all documentation and input to the Superintendent of Education and Director of Special Education for their consideration. Meet with the parent(s)/guardian(s) and/or student (if appropriate): to inform them of the decision to develop/review the implementation plan to review fire and emergency exit plans, to review the Management Plan for the care of the service animal to review/develop the IEP in relation to the service animal. Page 12 of 14

13 Develop a communication strategy to inform students, staff, community and relevant employee representatives. Post signs on the entrance doors, and at any other places to advise visitors of the animal s presence. Monitor and review the implementation on a regular basis. File relevant documentation and correspondence in the documentation file of student s permanent school record Page 13 of 14

14 Appendix G SUPERVISOR CHECKLIST FOR IMPLEMENTATION OF SERVICE ANIMAL INTO A WORK SITE Task completed Advise staff making the request that the Prosser School District School Board has a procedure to follow before a decision is made. Provide the following forms: Request for Service Animal Involvement with Staff (Appendix C); Information for Staff Requesting a Service Animal in the Workplace (Appendix D); Management Plan for the Care of the Service Animal (Appendix E) Inform the appropriate supervisor of the request Receive copies of the required documentation: a letter from a physician, nurse, or other professional confirming that I the animal for reasons relating to the disability copy of animal s registration and training certification with a recognized training center copy of current, official vaccination certificate for the animal proof of municipal animal license copy of training certification of individual responsible for the animal completed Request for Service Animal Involvement With Staff completed Management Plan for the Care of the Service Animal Inform other individuals who will come into contact with the service animal that a request has been made and receive their input. Submit all documentation and input to the appropriate supervisor for their consideration. Meet with the staff member: to inform them of the decision; to develop/review the implementation plan; to review fire and emergency exit plans; to review the Management Plan for the care of the service animal Develop a communication strategy to inform relevant individuals. Post signs on the entrance doors, and at any other places to advise visitors of the animal s presence. Monitor and review the implementation on a regular basis. File relevant documentation and correspondence in the staff member s personnel file. Page 14 of 14