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105 Service and Assistance Animals

BOARD OF DIRECTORS

Series 200

 

Policy Title: Service and Assistance Animals                                                                                                                                                 Code No.  105

It is the policy of Oskaloosa School District to foster an equal education environment for all students, employees, and community members within the district. The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property. The district shall allow the use of qualified service animals and may allow the use of assistive animals, to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go. This can include classrooms, cafeteria, and school buses. Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities. Service animals are dogs and in some instances other animals trained to do work or perform tasks for individuals with disabilities. Assistive animals are animals specially trained or in the process of being trained to assist a person with a disability.

Service animals and assistive animals must be current on all required vaccinations. Service animals and assistive animals also must be under control while on district grounds. The animal may be under control by either the individual with a disability, or a handler of the service or assistive animal. Under control means harnessed, leashed, or tethered, unless these devices interfere with the animal's work, in which case under voice or other directive control.

Establishing the Need for a Service Animal

When no prior notice is given to the district of the use of a service or assistive animal, the Superintendent and/or school administrators are permitted to ask the following questions:

"Do you need/require this animal because of a disability?"

If the animal's trained tasks are not readily apparent, the administrator may ask:

"What work or task has the animal been trained to perform?"

Service and Assistive Animals in training

Assuming the handler and animal are otherwise allowed, individuals who train service and/or assistive animals will also be allowed access with their service animal in training to public areas of district buildings and property. The service or assistive animal in training is expected to abide by the same requirements as a service or assistive animal.

Exclusion of Service and Assistive Animals

In certain limited circumstances, it may be reasonable to exclude the use of a service or assistive animal from district property. The Superintendent is permitted to exclude service and assistive animals from district buildings and property in the following circumstances: The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program. If a service animal is properly excluded from district property, the district shall provide the student served by the animal the opportunity to participate in the program, service, or activity without having the service animal on district property.

Employee use of Therapy Animals as part of Education Environment

Before permission to use therapy animals is granted, staff members must provide:

  1. Proof that the animal is certified to be a therapy animal;
  2. An explanation of how the animal will be used, including research supporting the use of therapy animals;
  3. A plan for how the staff member will provide for the care and control of the animal;
  4. A plan for how the staff member will accommodate students with allergies to the animal; and
  5. A current vaccination certificate for the animal.

 

Approved:  January 14, 2020

Reviewed:

Revised:

Legal Reference:   29 U.S.C. §794; 42 U.S.C. §12132; 28 C.F.R. 35.

                                Iowa Code §216C

Cross Reference:   606.3  Animals in the Classroom