5015.1: Service Animals
5015.1: Service Animals holly Wed, 07/10/2019 - 15:08I.听听 听听听 听Definition of a Service Animal.
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听听 听听 听 听听A.听听 听听听听 听A service animal must be a dog or, in specific circumstances, a miniature horse, that is individually trained to do work or perform tasks for the benefit of a student with a disability and is required for the student with a disability. No other species of animal, whether wild or domestic, will be permitted in District facilities as a service animal.
听听 听听 听 听听B.听听听 听听听听Service animals do not include pets, farm animals, wild or exotic animals, or any animals whose听function is to provide crime deterrent effects, emotional support, comfort, companionship,听therapeutic benefits, or to promote emotional well-being.
II.听听听 听听听Work or Tasks of a Service Animal.
听听 听听听 听听听A.听听听 听听听听The work or tasks performed by the service animal must be directly related to the student鈥檚听disability and required for the student with a disability.
听听 听听 听 听听B.听听听 听听听听Examples of work or tasks that a service animal may perform to meet this definition include:
听听 听听听 听听听 听听听 听听 听 听1.听听听 听听听 听Navigation: assisting individuals, who are blind or have low vision with navigation and听other tasks,
听听 听听听 听听听 听听听 听听 听 听2.听听听 听听听 听Alerting: alerting individuals who are deaf or hard of hearing to the presence of people or听sounds,
听听 听听听 听听听 听听听 听听 听 听3.听听听 听听听 听Protection: providing non-violent protection or rescue work,
听听 听听听 听听听 听听听 听听 听 听4.听听听 听听听 听Pulling: pulling a wheelchair,
听听 听听听 听听听 听听听 听听 听 听5.听听听 听听听 听Seizure: assisting an individual during a seizure,
听听 听听听 听听听 听听听 听听 听 听6.听听听 听听听 听Allergens: alerting individuals to the presence of allergens,
听听 听听听 听听听 听听听 听听 听 听7.听听听 听听听 听Retrieving: retrieving items such as medicine or the telephone,
听听 听听听 听听听 听听听 听听 听 听8.听听听 听听听 听Physical support: providing physical support and assistance with balance and stability to individuals with mobility disabilities, and
听听 听听听 听听听 听听听 听听 听 听9.听听听 听听听 听Interrupting behaviors: helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
听听 听听 听 听C.听听听 听听听听Work or tasks that are excluded from meeting the definition are:
听听 听听听 听听听 听听听 听听 听 听1.听听听 听听听 听Guard dogs: providing crime deterrent effects via the animal鈥檚 presence, and
听听 听听听 听听听 听听听 听听 听 听2.听听听 听听听 听Companion dogs: the provision of emotional support, comfort, companionship, therapeutic benefits, or emotional well-being.
III.听听听 听听Presence of Service Animals.
听听 听听听 听听听A.听听听 听听听听A student with a service animal shall be permitted to be accompanied by his/her service animal听in all areas where students are allowed to go.
听听 听听听 听听听B.听听听 听听听听A student with a service animal may not be required to pay an extra fee for the service animal to听attend events for which a fee is charged for students.
IV.听听听 听听Removal of a Service Animal.
听听 听听听 听听听A.听听听 听听听听A District administrator may direct a student with a service animal, the service animal鈥檚 handler, or the student鈥檚 parents to remove a service animal from a District facility, a school building, a classroom, or from a school function, if any one of the following circumstances occur:
听听 听听听 听听听 听听听 听听 听 听1.听听听 听听听 听The service animal is out of control and the service animal鈥檚 handler does not take听effective action to control it,
听听 听听听 听听听 听听听 听听 听 听2.听听听 听听听 听The service animal is not housebroken,
听听 听听听 听听听 听听听 听听 听 听3.听听听 听听听 听The service animal鈥檚 presence would fundamentally alter the nature of the service,听program, or activity, or
听听 听听听 听听听 听听听 听听 听 听4.听听听 听听听 听The presence of the service animal poses a direct threat to the health or safety of others.
听听 听听 听 听听B.听听 听 听 听To determine whether a direct threat exists, an individualized assessment is to be made to听ascertain:
听听 听听听 听听听 听听听 听听 听 听1.听听听 听听听 听The nature, duration, and severity of the risk,
听听 听听听 听听听 听听听 听听 听 听2.听听听 听听听 听The probability that the potential injury will actually occur, and
听听 听听听 听听听 听听听 听听 听 听3.听听听 听听听 听Whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
V.听听听 听听听Control of the Service Animal.
听听 听听听 听听听1.听听听 听听听听The service animal must be under the control of its handler. In most cases the service animal听must have a harness, leash, or other tether.听
听听 听听听 听听听2.听听听 听听听听The service animal does not need to be on a harness, leash, or other tether, however, if the handler is unable because of a disability to use a harness, leash, or other tether. A harness, leash, or other tether is also not required if it would interfere with the service animal鈥檚 safe, effective performance of work or tasks.
听听 听听听 听听听3.听听听 听听听听If either of the harness, leash, or other tether exceptions apply, the service animal must be under the handler鈥檚 control via voice control, signals, or other effective means.
听听 听听 听 听听4.听听听 听听听听The District will provide reasonable accommodations of adult assistance to a student with a听service animal when, due to the student鈥檚 young age or significant disabilities, it is reasonably necessary to assist the student in his/her use or control of the service animal, and such accommodations do not fundamentally alter the nature of the educational service, program, or activity.
VI.听听 听 听Responsibility for Care and Supervision.
听听 听听听 听听听1.听听听 听听听听The District is not responsible for the care and supervision of the service animal, including听walking the service animal or responding to the service animal鈥檚 need to relieve itself.
听听 听听听 听听听2.听听听 听听听听A student with a service animal shall provide documentation of ownership, veterinarian听vaccinations and health status, proper pet licensure, and liability insurance coverage.
听听 听听听 听听听3.听听听 听听听听A student with a service animal shall be solely responsible to maintain and keep current such vaccinations, licensure, and liability insurance, and neither the school nor the District shall be liable in any manner for any costs or expenses associated with meeting these requirements.
听听 听听听 听听听4.听听听 听听听听A student with a service animal shall maintain the service animal so that it will always be clean,听well groomed, and not have an offensive odor.
听听 听听听 听听听5.听听听 听听听听A student with a service animal shall be solely responsible for any and all costs and expenses associated with the ownership, training, boarding, veterinarian and health care, licensing, insurance coverage, and care and maintenance of the service animal, and neither the school nor the District shall be liable in any manner therefor.
听听 听听 听 听听6.听听听 听听听听A student with a service animal shall be liable for any damage done to the premises or facilities听or to any person by the service animal.
VII.听听听 听Miniature Horses.
听听 听听听 听听听A.听听听 听听听Requests to permit a miniature horse to accompany a student with a disability on District听premises shall be considered in accordance with 28 C.F.R. 搂 35.136(i).
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VIII.听听听听Inquiries.
听听 听听听 听听听A.听听 听 听听When addressing a service animal matter, District staff shall not ask about the nature or extent of听the student鈥檚 disability.
听听 听听听 听听听B.听听听 听听听District staff may not ask questions about the service animal鈥檚 qualifications as a service animal when it is readily apparent that the animal is trained to do work or perform tasks for a student with a disability. Examples include where the service animal is observed guiding a student who is听blind or has low vision, pulling the student鈥檚 wheelchair, or providing assistance with stability or balance to a student with an observable mobility disability.
听听 听听听 听听听C.听听 听 听听When it is not readily apparent that the animal qualifies as a service animal, District staff may ask:
听听 听听听 听听听 听听听 听听听 听1.听听听 听听听 听If the animal鈥檚 presence is required because of a disability, and
听听 听听听 听听听 听听听 听听听 听2.听听听 听听听 听What work or task the animal has been individually trained to perform.
听听 听听听 听听听 听听听 听听听 听3.听听听 听听听 听Staff may not require documentation, such as proof that the service animal has been听certified, trained, or licensed as a service animal.
Americans with Disabilities Act
28 C.F.R. 搂搂 35.104 and 35.136
Section 504 of the Rehabilitation Act
Neb. Rev. Stat. 搂搂 20-126 through 129