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

Thu Mar 20 22:30:11 UTC 2014

A few thoughts...

Firstly, this statement:
*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.*

I hope this is a case of bad grammar and they don't actually mean to say 
that they are going to comply with laws only under certain circumstances.

There is a whole section about liability and insurance and waivers.  This 
concerns me.  I think it would be unreasonable to expect the parents to have 
this extra insurance.  I do agree that the parents would be liable for any 
damage.

The parts about documentation are a bit sketchy.  I think they would have 
done better to say the dog needs to be a part of the student's IEP.  That 
would already include most of what they want, without creating extra work.

I think there may also be problems in a situation where a student chooses to 
use their service dog to attend school events not occurring during a normal 
school day.  I'm specifically meaning events where the public is also 
invited, such as football games or a science fair.  I believe that during 
the school day in the classroom the Individuals with Disabilities Education 
Act would be the rules to follow.  After school events where the public is 
also invited would come under the American's with Disabilities Act. Under 
the ADA there is no need to ask permission or give advance notice.  However 
the rules under IDEA are different and I am not as familiar with those.

I am also understanding this to be a policy only for enrolled students.  If 
the intent is to apply this policy to staff, parents or visitors there are 
some serious problems.

Julie

-----Original Message----- 
From: James Alan Boehm
Sent: Thursday, March 20, 2014 3:18 PM
To: National Association of Guide Dog Users Gwizdala
Subject: [nagdu] Check Out This School District Policy- Your Thoughts? 
YourSuggested 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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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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