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

Darla Rogers djrogers0628 at gmail.com
Sat Mar 22 18:05:17 UTC 2014


Dear Nicole,

	IEP's weren't widely used when I transferred to public school;
despite the vice principal not wanting me there, our principal was awesome.
I was allowed to leave during my seventh period study hall to work 
 with a reader in her home, as not everything I needed was in an alternative
media.  I am sure, had I done something worth disciplinary action, I could
have lost the privilege, but my grades were always high enough to have what
was called Honors Independent Study Program.
	i didn't have a dog then; I am sure vice principal would have had a
problem with that, but Mr. Smith  would have gone to bat for me.
Darla & Handsome Huck

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Nicole Torcolini
Sent: Saturday, March 22, 2014 9:50 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Check Out This School District Policy-
YourThoughts?Your Suggested Plan of Action?

Replying to the last three messages in this thread.
I wrote my last email in a bit of a hurry. I meant that I don't consider an
educational accommodation. I don't know much about the IDEA, but, JMHO, it
should work something like this.
Schools may not be covered  by the ADA, but there are rules that apply to
most places, such as no pets, and then there are rules that are specific to
schools, such as who can enter the school, and, in regards to the students,
that students must be in class on time and cannot leave early. The IEP of a
student might allow exceptions to the school specific rules, such as
allowing a student to be a minute or two late to class because it is hard to
navigate the halls with a lot of students. The IEP might also include things
like allowing the use of technology that is not normally allowed. These are
in regards to the school and education. I would not say this for all things,
but, JMHO, if an adult does not have to specifically request an
accommodation, that is, it is allowed by law, then, to a certain extent,
neither should students have to. If there are issues with the student
handling the service dog or other students interacting with the service dog,
then those need to be handled on a case by case basis. The concerns that are
addressed in the law mentioned are generally kind of already covered in the
ADA, and I would think that they would apply to minors as well. People are
responsible for their service dogs and what their dogs do, but they are not
required to have insurance or other stuff like that.
On a side note, what was the final outcome of the case where the boy was not
allowed to bring his cane to school?

Nicole and Lexia who went to high school

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie J.
Sent: Saturday, March 22, 2014 4:17 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Check Out This School District Policy-
YourThoughts?Your Suggested Plan of Action?

Sorry, I forgot to ask, if a service dog is not an accommodation, what is
it?

Julie

-----Original Message-----
From: Nicole Torcolini
Sent: Friday, March 21, 2014 10:04 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] Check Out This School District Policy- Your
Thoughts?Your Suggested Plan of Action?

Um, I'm sorry, but no. A service dog is not an accommodation. Do you write
in an IEP that a student needs a cane or a wheelchair? I don't think so.
Service dogs need to be treated the same that a cane or wheelchair would be
treated in regards to being allowed and the student needing the dog. If
there are issues with the dog him/herself or the student not being able to
care for, handle, or control the dog, those issues need to be handled on a
case by case basis .

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie McGinnity
Sent: Friday, March 21, 2014 9:28 AM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: Re: [nagdu] Check Out This School District Policy- Your Thoughts?
Your Suggested Plan of Action?

Hi Jimmy and all,

Wow.  I wonder what brought on this change in their policy.  The section
that worries me the most is the one about liability insurance.
That is unnecessary, and I agree that including the service dog in the IEP
would be a perfect solution to all their documentation problems.  That way,
it would be an accomidation for the student.  I am not sure, but I believe
that is where the IDEA would come into play, if use of a service animal
would fall under a student's IEP.

I'll find out, but when I got my first dog(in high school), I believe it was
mentioned in my IEP.  I also wrote a letter, though it wasn't exactly for
asking permission to have the dog.  But I was turning 18 before bringing the
dog to school, so that may have had something to do with it.  My question is
if the procedures change if the studet is an adult or a minor?  I also
wonder, like others, where the boundaries exist between the ADA and IDEA.  I
think before taking this on, some research may need to be done on the two
laws, but the school district is clearly out of line here no matter which
laws it pretends to be following.

On 3/21/14, Bridget Walker <bridgetawalker13 at aol.com> wrote:
> Clearly they did not read the ADA very well though it is mentioned.
> I see so many things wrong with this I can't get started.
> The school can not take training procedures in to their own hands.
> What makes the school so qualified?
> At that they don't get to decide if a student needs a service dog 
> though I can understand the documentation. I know we have had that 
> debate but, stop and think fake dogs are a trend thesis days and we 
> have to be sure the dog is real.
> They can do that with medical documentation and I think just me saying 
> there should be some statement of training.
> I think it is wrong the school is requiring the dog have proof saying 
> they are trained prior to gaining access to parts of school or 
> property. Didn't they say the dog needs proof of training?
> I could go on and on.
> I understand needing notification prior to the start of school and to 
> be informed. I do not understand where the staff feels they need to be 
> trained about the dog it's not like they are carding for it.
> Now that bit about damages the ADA states the damages doesn't it? Can 
> the school create their own fee?
> Now that bit about access prior to approval hmm well I doing have to 
> be the first to say that's against the ADA. If the child needs the dog
guess what.
>
> So what would I do?
> Fight! Get someone to back you on your rights!
>
>
> Bridget
>
>
> Sent from my iPad
>
>> 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;
>>
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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
>>
>> Page 2 of 3
>>
>> 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.
>>
>> Page 3 of 3
>> _______________________________________________
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>
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>


--
Julie McG
National Association of Guide dog Users board member,  National Federation
of the Blind performing arts division secretary, Missouri Association of
Guide dog Users President, and Guiding Eyes for the Blind graduate 2008 "For
God so loved the world that he gave his only Son, so that everyone who
believes in him may not perish but may have eternal life."
John 3:16

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