The District will permit a person with a disability to be accompanied by a service animal in all areas of the District’s facilities where members of the public, invitees, or participants in District services, programs, or activities are permitted.
A. Definition
A “service animal” means any dog that is individually trained to perform tasks for the benefit of a person with a disability. A dog whose sole purpose is to deter crime or whose mere presence is to provide emotional support or comfort to the person with a disability is not a service animal.
Except as provided by law, other animals are not service animals for purposes of this definition. Under certain circumstances, the District will permit a person with a disability to be accompanied by a miniature horse in District facilities if the horse has been individually trained to perform tasks for the benefit of the person with a disability.
The work or tasks performed by a service animal must be directly related to the person’s disability. The service animal must be trained to take a specific action when needed to assist the person with a disability. Examples of work or tasks include, but are not limited to:
B. Admission of Service Animals
A student or employee with a disability who desires to be accompanied by a service animal at school is encouraged, but is not required, to notify the District in writing at least 10 school days or as soon as is practicable before bringing the service animal to school. The District may provide a form for this purpose.
If a student or employee desires to be accompanied by a service animal during school or work and the student or employee will not be the animal’s handler, the handler must undergo a criminal history check and any other background check required for employees and volunteers by state law or Policy before being allowed to regularly access District facilities as the handler. The District will permit the person with a disability to be accompanied by a service animal in District facilities without that handler.
C. Inquiries
District officials may ask the person with a disability or the service animal’s owner or handler the following questions to the extent the answers to the questions are not readily apparent:
District personnel will not inquire about the nature or extent of the person’s disability. District personnel also may not require documentation that the service animal is certified, trained, or licensed as a service animal, nor may District personnel require the service animal to demonstrate its task or work.
If a local ordinance or the public health department requires that dogs be vaccinated, registered, or licensed with the county or other authority, the District may require proof that a service animal meets those requirements.
D. Charges, Fees, and Liability
The District may not ask or require a person with a disability to pay the District to be accompanied by a service animal on District property. The District may charge the service animal’s owner for damages to District property caused by the service animal to the extent it charges other persons for damages caused to District property.
The owner of the service animal is solely responsible and liable for any damage to District property or injury to persons caused by the animal.
E. Care and Supervision of Service Animal
The person with a disability or the service animal’s handler is responsible for the care and supervision of the service animal at school, including, toileting, feeding, grooming, veterinary care, and exercising. The District is not responsible for supervising or otherwise caring for a service animal unless required by law.
F. Control of Service Animal
A service animal must be under the control of its handler at all times. A service animal must be on a harness, leash, backpack, or other tether unless the person’s disability prevents the use of the device or the device interferes with the service animal’s safe and effective performance of work or tasks. In this case, the person with a disability or the handler must use voice, signal, or other effective means to maintain control of the service animal.
G. Exclusion of Service Animal
The District may exclude a service animal from District property or functions if:
If District officials determine that the service animal should be excluded from District facilities for one of the above reasons, the person with a disability (or the parent/guardian of a student with a disability) will be notified of the determination, asked to remove the service animal immediately, and given an opportunity to respond to the District’s concerns. If a District official determines to exclude a service animal, he or she shall notify the owner in writing and provide a copy of the District’s Section 504/ADA grievance procedures. The person with a disability shall be given the opportunity to participate in the District service, program, or activity without the service animal.
H. Allergies
Allergies to pet dander and the fear of dogs are not valid reasons to exclude a service animal from District facilities. A person who has a concern about a service animal’s presence in District facilities should contact the building administrator or the District’s Section 504/ADA Coordinator.
I. Denial of Access and Grievance
If a District official denies a request for access of a service animal, the person with a disability or his/her parent/guardian may file a written grievance with the District’s Section 504/ADA Coordinator.
Nothing in this Policy diminishes any right a person with a disability may have to be accompanied by a service animal or other assistance animal in District facilities or at District events under other federal or state laws.
J. Non-Service Animals
Animals on District property that are not service animals as defined by the ADA, such as pets or emotional support animals, are not covered by this Policy. See Policy 3109.
Legal authority: 28 CFR 35.136; MCL 287.291
Date adopted: 08/09/2021
Date revised: