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

[Sherry Gomes]

How do they have the gall to claim to abide by all state and federal laws
and then publish this garbage as a policy. It goes against just about every
provision of the ADA regarding service animals. Oh my.



-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of James Alan Boehm
Sent: Thursday, March 20, 2014 2:19 PM
To: National Association of Guide Dog Users Gwizdala
Subject: [nagdu] Check Out This School District Policy- Your Thoughts? Your
Suggested Plan of Action?

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;

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Page 1 of 3

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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

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Use of Service Animals by Students

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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.

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