2030 Service Animals in Schools
The board of directors acknowledges its responsibility to permit students and/or adults with disabilities to be accompanied by a “service animal” as required by federal laws and Washington State’s law against discrimination. This policy governs the presence of service animals in the schools, on school property, including school buses and at school activities.
A “service animal” means an animal that is trained for the purpose of assisting or accommodating a disabled person’s sensory, mental or physical disability.
The parent/guardian of a student who believes the student needs to bring a service animal to school or an employee who wishes to bring a service animal to school, must submit a written re-quest to the building principal. The building principal, in consultation with the Section 504 coordinator or director of student support, as appropriate, will determine whether or not to permit the service animal in school.
Policy 2029 Animals as Part of the Instructional Program
Policy 2161 Education of Students with Disabilities
Policy 2162 Education of Students with Disabilities Under Section 504
Policy 3210 Nondiscrimination
Policy 5010 Nondiscrimination and Affirmative Action
American Disabilities Act (ADA) Revised Title II Regulations,
§35 Service animals
Section 504 of the Rehabilitation Act of 1973
RCW 49.60.040 Definitions
RCW 28A.642 Discrimination Prohibition
WAC 392-145-021(3) General Operating Requirements
WAC 392-172A-01155 (3) Related Services
WAC 392-172A-01035 Child with a Disability or Student eligible for Special Education
WAC 392-190 Equal Educational Opportunity unlawful discrimination prohibited
WAC 162-26 Public accommodations, disability discrimination
Procedure No. 2030P Service Animals in School
A. Service Animal Uses
Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure or performing other special tasks. Service animals are working animals, not pets.
Use of a service animal by a student with a disability will be allowed in school when it is determined that the student’s disability requires such use in order to assist or accommodate access to the instructional program, school services and/or school activities.
Use of a service animal by an employee with a disability will be allowed when such use is necessary as a reasonable accommodation to enable the employee to perform the essential functions of their job or to access benefits of employment provided to all employees in the same job classification.
The use of a service animal by an individual with a disability will not be conditioned on the payment of a fee, security deposit or surcharge.
B. Requirements for Service Animal Access
Before a service animal will be permitted in school, on school property or at school-sponsored events, the student’s parent or the employee must provide a description of the task(s) the service animal is expected to perform in assisting the person with a disability.
The district will provide access to a person with a disability who needs a service animal provided that the tasks performed by the service animal are directly related to the disability and the animal has been individually trained to perform a task; is housebroken; is free of disease and parasites; has a harness, leash or tether so it cannot run free; and is under the control of the person with a disability.
A service animal must also be licensed and immunized in accordance with the laws, regulations and ordinances of the city, the county, and the state of Washington.
C. Parents or Animal Handlers
Parents or animal handlers who will be present in school for the purpose of assisting a student with their service animal are required to submit to a sex offender registry and criminal background check. In addition, parents and handlers must comply with all standards of con-duct that apply to school employees and volunteers.
D. Removal or Exclusion of a Service Animal from School or School Property
The building principal or district administrator may request an individual with a disability to remove a service animal from school, a school-sponsored activity or school property if the animal is out of control and the animal’s handler does not take effective action to control the animal. Examples of the animal being out of control include, but are not limited to the following:
- The presence of the animal poses a direct threat to the health and/or safety of others;
- The animal significantly disrupts or interferes with the instruction program, school activities or student learning. However, annoyance on the part of the others is not an unreasonable risk to property or others to justify the removal of the service animal;
- The presence of the animal would result in a fundamental alteration of any school program;
- The individual in control of the animal fails to appropriately care for the animal, including feeding, exercising, taking outside for performance of excretory functions and cleaning up after the animal;
- The animal fails to consistently perform the function(s)/service(s) to assist or accommodate the individual with the disability;
- The animal is ill; or
- The animal is not housebroken.
If the district excludes a service animal, it will provide the individual with a disability the opportunity to participate in the service, program or activity without having the service animal on the premises.
E. Service Animals at School-Sponsored Events
Individuals with disabilities may be accompanied by their service animals to events or activities open to the public that are held in schools or on school property.
The building administrator may revoke or exclude the service animals for the reasons set forth in paragraph “D” above.
- Neither the district, nor its employees, are responsible for the cost, care or supervision of the service animal. (See Policies 2161, Education of Students with Disabilities, and 2162, Education of Students with Disabilities Under Section 504, for responsibility for related services.)
- A service animal must be under the control of its handler. A service animal must also have a harness, leash or other tether, unless either the handler is unable because of a disability to use a harness, leash or other tether, or the use of the harness, leash or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals or other effective means).
- The owner/handler of the service animal is responsible for any and all damage caused by the service animal at school, on school premises or at school activities.
A parent or employee whose service animal has been excluded or removed may appeal the decision to the superintendent. If dissatisfied with the superintendent’s decision, the parent or employee may appeal to the board.
1. District Contact
Director of Student Support
Yelm Community Schools
107 First Street North
P.O. Box 476
Yelm, WA 98597
2. State Contacts
Superintendent of Public Instruction
Equity and Civil Rights Office
P.O. Box 47200
Olympia, WA 98504-7200
Washington State Human Rights Commission
711 South Capitol Way, Suite 402
P.O. Box 42490
Olympia, WA 98504-2490
Office of Civil Rights
U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174
PROGRAM DEVELOPMENT AND RESOURCES
2000 Student Learning Goals
2004 Accountability Goals
2005 School Improvement Plans
2019 Curriculum Development
2020 Course Design, Selection and Adoption of Instructional Materials
2021 Library Information and Technology Program
2022 Electronic Resources and Internet Safety
2023 Digital Citizenship and Media Literacy
2024 Online Learning
2025 Copyright Compliance
2027 District Ownership of Staff-Created Work
2029 Animals as Part of the Instructional Program
2030 Service Animals in Schools
2090 Program Evaluation
LEARNING PROGRAMS AND SUPPORTS
2100 Educational Opportunities for Military Children
2104 Federal and/or State Funded Special Instructional Programs
2106 Program Compliance
2107 Comprehensive Early Literacy Plan
2108 Learning Assistance Program
2110 Transitional Bilingual Instruction
2121 Substance Abuse Program
2125 Sexual Health Education
2126 AIDS Prevention Education
2140 Guidance and Counseling
2145 Recognition, Screening, and Response to Distress in Students
2150 Co-Curricular Program
2151 Interscholastic Athletics
2152 Extracurricular Activities
2153 Non-curriculum-Related Student Groups
2161 Special Education and Related Services for Eligible Students
2162 Education of Students with Disabilities under Section 504
2165 Home or Hospital Instruction
2170 Career and Technical Education
2178 Traffic Safety Education
2190 Advanced Academic Program
2195 Academic Acceleration
2220 School Calendar
2240 Summer School
2255 Alternative Learning Experience Programs
2320 Field Trips, Excursions and Outdoor Education
2331 Controversial Issues/Guest Speakers
2333 Flag Exercises
2336 Required Observances
2337 Disability History Month
2340 Religious-Related Activities and Practices
REQUIREMENTS AND ASSESSMENTS
2409 Credit for Competency/Proficiency
2410 High School Graduation Requirements
2411 Certificate of Educational Competency
2412 Diplomas for Veterans
2413 Equivalency Credit for Career and Technical Education Courses
2414 Community Service
2418 Waiver of High School Graduation Credits
2420 Grading and Progress Reports