[nagdu] Check Out This School District Policy- Your Thoughts? Your Suggested Plan of Action?

craig.heaps at comcast.net craig.heaps at comcast.net
Thu Mar 20 21:01:58 UTC 2014


I am not an attorney.  But it occurs to me that this set of guidelines is discriminarty in that it sets requirements on people because of their disability.  In doing so, it places a burden on them that is not placed on people who do not have a disability.  It will likely require someone to show up with a guide dog unannounced and challege the regulations.  As people have said here so often, the rules allowing service dogs do not establish rights for the dogs.  They establish rights for us, their disabled partners. 
  
Craig and "I've been to school" Chase 
  

----- Original Message -----

From: "Aleeha Dudley" <blindcowgirl1993 at gmail.com> 
To: "NAGDU Mailing List, the National Association of Guide Dog Users" <nagdu at nfbnet.org> 
Sent: Thursday, March 20, 2014 1:42:16 PM 
Subject: Re: [nagdu] Check Out This School District Policy- Your Thoughts?        Your Suggested Plan of Action? 

I find this policy tilo be extremely discriminatory and definitely a violation of the ADA. 

Sent from my iPhone 

> On Mar 20, 2014, at 4:18 PM, James Alan Boehm <jimmydagerman80 at gmail.com> wrote: 
> 
> Dear NAGDU family, 
>    It has come to our attention, the Tennessee Association of Guide Dog Users, that McMinn county schools have implemented the following policy towards service or guide dogs. I would love to hear your thoughts and suggestions as we prepare address teh county school district of their violating policy. 
> Thanks 
> Jimmy 
> President of TAGDU 
> 
> McMinn County Board of Education 
> 
> Monitoring: 
> 
> Review: Annually, in April 
> 
> Descriptor Term: 
> 
> Use of Service Animals by Students 
> 
> Descriptor Code: 
> 
> 6.5001 
> 
> Issued Date: 
> 
> 02/10/11 
> 
> Rescinds: 
> 
> Issued: 
> 
> I. PURPOSE 
> 
> The purpose of this policy is to establish procedures for the use of service animals in an educational setting for students within McMinn County Board of Education Schools, including school buildings, vehicles and other property. 
> 
> II. GENERALSTATEMENTOFPOLICY 
> 
> McMinn County Board of Education will comply with all state and federal laws, regulations and rules regarding the use of service animals by disabled students under appropriate circumstances. 
> 
> III. DEFINITION OF SERVICE ANIMAL 
> 
> This policy applies to any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability. Service animals' tasks include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Service animals do not include wild animals, farm animals, rodents and animals whose sole function is to provide emotional support, comforting, therapy, companionship, therapeutic benefits, or to promote emotional well-being. 
> 
> IV. PROCEDURES / REQUIREMENTS 
> 
> Use of service animals by students with a disability is subject to the following procedures and require- ments: 
> 
> The parent of a student or adult student with a disability must submit a request for the use of a service animal form to the building principal. (Appendix A) 
> 
> Requests for the use of service animals on Board of Education property shall be made in writing no less than three (3) weeks prior to the proposed use of the service animal. Under no circumstances, may a service animal be on Board of Education property without prior approval by the building principal. The principal will inform the director of schools of the request. 
> 
> As part of the building principal's consideration of a written request for the use of a service animal, the building principal shall require certain written documentation, including, but not limited to: 
> 
> diagnosis of a specific disability updated annually; 
> 
> verification of the need for a service animal updated annually by a licensed medical professional; 
> 
> description of the function(s) the service animal is expected to perform in relation to the individual's 
> 
> disability updated annually by a licensed medical professional; 
> 
> 1 
> 2 
> 3 
> 4 
> 5 
> 6 
> 7 
> 8 
> 9 
> 10 
> 11 
> 12 
> 13 
> 14 
> 15 
> 16 
> 17 
> 18 
> 19 
> 20 
> 21 
> 22 
> 23 
> 24 
> 25 
> 26 
> 27 
> 28 
> 29 
> 30 
> 31 
> 32 
> 33 
> 34 
> 35 
> 36 
> 37 
> 38 
> 39 
> 40 
> 41 
> Page 1 of 3 
> 
> 1 
> 2 
> 3 
> 4 
> 5 
> 6 
> 7 
> 8 
> 9 
> 10 
> 11 
> 12 
> 13 
> 14 
> 15 
> 16 
> 17 
> 18 
> 19 
> 20 
> 21 
> 22 
> 23 
> 24 
> 25 
> 26 
> 27 
> 28 
> 29 
> 30 
> 31 
> 32 
> 33 
> 34 
> 35 
> 36 
> 37 
> 38 
> 39 
> 40 
> 41 
> 42 
> 43 
> 44 
> 45 
> 46 
> 47 
> 48 
> 49 
> Use of Service Animals by Students 
> 
> 6.5001 
> 
> proof of current license if applicable; 
> 
> annual veterinary health certificate, including proof of annual vaccination and immunizations of 
> 
> the service animal; 
> 
> documentation that the service animal is properly trained, including the nature, duration and results 
> 
> of the training; 
> 
> documentation that the handler for the service animal is properly trained and can maintain appro- 
> 
> priate care and control of the service animal while it is on school property; 
> 
> documentation of adequate liability insurance. 
> 
> signed service animal agreement (Appendix A) 
> 
> The use of a service animal on Board of Education property may be subject to a plan which introduces the service animal to the school environment. The plan may include appropriate training for employees and students regarding interactions with the service animal and other activities or conditions deemed necessary by the school administration. The use of a service animal on school property is subject to periodic review, revision or revocation by the school principal. 
> 
> Service animals shall wear a harness/saddle bag or vest that identifies them as a service animal and always be on a leash or other form of restraint mechanism. It is the responsibility of the student's parent or adult student who uses a service animal pursuant to this policy to be the trained handler, providing proper handling of the service animal, to include proper disposal of animal feces from school grounds. Any cost incurred to handle the service animal will be the responsibility of the parent of the student or adult student who uses the service animal. 
> 
> Service animals are not allowed in school district transportation vehicles unless documentation is pro- vided that the service animal and handler have successfully completed training for this setting. 
> 
> The Board of Education retains discretion and grants authority to the building level principal to exclude 
> 
> or remove a service animal from its property if any of the following conditions exist: 
> 
> Presence of the animal poses a direct threat to the health and safety of others, or otherwise jeop- ardizes the safe operation of the school or school event that cannot be eliminated by reasonable modifications. 
> 
> The animal is out of control and/or the animal's handler does not effectively control the animal's behavior. 
> 
> Presence of the animal significantly disrupts or interferes with the educational process or the learn- ing of other students. 
> 
> The animal's presence and/or behavior fundamentally alters the educational program. 
> 
> The service animal is unable to perform reliably the service for which it has been approved. 
> 
> The service animal is a public health threat as a result of being infested with parasites or having a 
> 
> communicable disease. 
> 
> The service animal is unclean or unsanitary. 
> 
> The animal is not properly housebroken/trained to relieve itself outside of the school building. 
> 
> V. LIABILITY 
> 
> The student's parent or adult student is liable for any damage to Board of Education or personal property and any injuries to individuals caused by their service animal. The student's parent or adult student who 
> 
> Page 2 of 3 
> 
> Use of Service Animals by Students 
> 
> 1 
> 2 
> 3 
> 4 
> 5 
> 6 
> 7 
> 8 
> 9 
> 10 
> 11 
> 12 
> 13 
> 14 
> 15 
> 16 
> 17 
> 18 
> 19 
> 20 
> 21 
> 22 
> 23 
> 24 
> 25 
> 26 
> 27 
> 28 
> 29 
> 30 
> 31 
> 32 
> 33 
> 34 
> 35 
> 36 
> 37 
> 38 
> 39 
> 40 
> 41 
> 42 
> 43 
> 44 
> 45 
> 46 
> 47 
> 48 
> 49 
> 6.5001 
> 
> uses a service animal on Board of Education property will hold the Board of Education harmless and in- demnify the Board of Education from any such damages. Further, student's parent or adult student will be required to submit a certificate of liability insurance covering the service animal and identify the McMinn County Board of Education as an additional insured. The amount of required insurance coverage shall be determined by the Board of Education. 
> 
> VI. GRIEVANCE PROCEDURES 
> 
> Any student's parent or adult student with a service animal who is aggrieved by a decision to deny, remove, limit, or exclude a service animal may appeal that decision to the director of schools by filling a written appeal detailing the information supporting the appeal. 
> 
> __________________________ Legal References 
> 
> Americans with Disabilities Act (ADA) 29 U.S.C. §794 et seq., & 28 C.F.R. § 36.104. 
> 
> Page 3 of 3 
> _______________________________________________ 
> nagdu mailing list 
> nagdu at nfbnet.org 
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org 
> To unsubscribe, change your list options or get your account info for nagdu: 
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blindcowgirl1993%40gmail.com 

_______________________________________________ 
nagdu mailing list 
nagdu at nfbnet.org 
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org 
To unsubscribe, change your list options or get your account info for nagdu: 
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/craig.heaps%40comcast.net 




More information about the NAGDU mailing list