Welcome to PSEA’s webinar on Service Animals.
Take this time to check your equipment. You will either need a
headset or speakers to hear the presentation.
We will be starting at the scheduled starting time.
At the conclusion of the course you will be asked to fill out a Survey
Monkey (we will give you the link at the end of the course).
Completing the Survey Monkey will be the documentation we need to
give you credit for this hour’s presentation.
We will also give you the location on the PSEA website where you can
download the PowerPoint presentation you are about to view.
Welcome
This course will provide a Chapter 14 hour for paraprofessionals and Act 48 hour
for professionals.
Introduction- Your presenter today will be Bernie Miller, Director for Education
Services, PSEA.
Approval for the use of this course was received from Melinda Jacobs after hearing
this presentation at the 2011 LRP conference. There have been some minor
additions to the original presentation.
There is a question box where you can submit. The audience will be placed on
mute to prevent feedback and echos.
SERVICE ANIMALS IN SCHOOLS:
ADVICE, POLICY DEVELOPMENT
AND FUTURE LITIGATION
Melinda Jacobs
The Law Office of Melinda Jacobs
Knoxville, Tennessee
Content
• A majority of the content is from a presentation by
Melinda Jacobs, Esq. I asked and received permission
to use her presentation because it was very
comprehensive (why reinvent the wheel!). I have
added several slide to focus on the educational
issues that I thought would be important to you.
• I hope you find the information enlightening!
What is a “service animal?”
• A “service animal” is a dog or miniature horse that is
trained to “do work or perform tasks for the benefit of
an individual with a disability.”
– “Work” or “Tasks” may be performed for individuals with disabilities in these
areas:
• Physical
• Sensory
• Psychiatric
• Intellectual
• Other mental disabilities
• Copyright 2011: Melinda Jacobs, Esq.
What Animals Are Never “Service Animals?”
• Any other species of animals, whether wild or
domestic, trained or untrained, are not service
animals for the purposes of this definition.
Copyright 2011: Melinda Jacobs, Esq.
Work or Tasks Performed
by Service Animals:
• Work or tasks must be “directly related” to the
handler’s disability; e.g.,
– Assisting persons who are blind or visually impaired with
navigation and other tasks;
– Alerting persons who are deaf/HH to presence of
people/sounds
– Providing non-violent protection or rescue work;
– Pulling a wheelchair;
Copyright 2011: Melinda Jacobs, Esq.
Work or Tasks Cont’d.
• Assisting a person during a seizure;
• Alerting person to the presence of allergens;
• Retrieving items such as medicine or the
telephone;
• Providing physical support and assistance with
balance/stability;
• Helping persons with psychiatric or neurological
disabilities by preventing or interrupting
impulsive or destructive behaviors.
• 28 C.F.R. 35.136
Copyright 2011: Melinda Jacobs, Esq.
Tasks That Do Not Constitute Work or Tasks:
• Crime deterrent of an animal’s presence;
• Provision of emotional support, well-being,
comfort or companionship
• 28 C.F.R. 35.136
Copyright 2011: Melinda Jacobs, Esq.
Special Considerations:
• Animals must be “individually trained.”
• An animal that is merely a “pet” or “support
animal” is not a service animal.
• There are no size/weight limitation on a service
animal.
• No breed of dog is excluded from being a
service animal.
– Official Commentary, ADA Regulations, 28 C.F.R. Part
35
Copyright 2011: Melinda Jacobs, Esq.
Miniature Horses as Service Animals
• LEA must make reasonable modifications to permit
the use of a miniature horse that has been
individually trained to do work or perform tasks for
the benefit of a person with a disability.
28 C.F.R. 35.136(i)
Images Courtesy of:
www.Dentranch.com
Copyright 2011: Melinda Jacobs, Esq.
Assessment Factors for Miniature Horses
• Type, size, and weight of the miniature horse
and whether the facility can (reasonably)
accommodate these features;
• Whether the handler has sufficient control of
the miniature horse;
• Whether the horse is housebroken;
• Whether the horse’s presence compromises
legitimate safety requirements necessary for
safe operation. 28 C.F.R. 35.136(i)
Copyright 2011: Melinda Jacobs, Esq.
More on Miniature Horses
• Other requirements for service animals apply to
miniature horses;
• Ponies and full-size horses are not
covered………………
Copyright 2011: Melinda Jacobs,
Esq.
American Miniature Horse Association
Standards:
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•
•
•
•
Less than 38 inches tall at the withers (8 ½ hands).
Sound and well-balanced.
Head must be in proportion to neck size.
Any coat color is fine.
Any eye color is acceptable.
Must not show signs of dwarfism.
– Hubpages.com/hub/miniature-horses
Copyright 2011: Melinda Jacobs,
Esq.
Why Permit Miniature Horses?
• They are no larger than some breeds of dogs
(e.g., Great Danes, Labrador Retrievers,
Mastiffs)
• They can be housebroken like dogs.
• They are particularly effective for large stature
individuals.
• They live much longer than dogs (avg. more
than 25 years of service vs. 7-8 yrs for dogs).
• Hubpages.com/hub/miniaturehorses
Copyright 2011: Melinda Jacobs,
Esq.
Some lighter moments
Some lighter moments
Some lighter moments
Some lighter moments
Some Lighter Moments
Tasks Performed by Autism
Service Animals
• Impulse Running – dog is trained to retrieve
child to adult.
• PICA – dog is trained to interrupt the behavior.
• Self-Stimulation – dog is trained to physically
interrupt the behavior.
• Self-Harming – dog is training to interrupt the
behavior.
Copyright 2011: Melinda Jacobs,
Esq.
More Tasks of Autism S.A.
• Mood Swings – dog is trained to crawl into
child’s lap and calm child.
• Night Awakenings – dog is trained to alert
parents by barking.
» Source: autism.wilderwood.org
Copyright 2011: Melinda Jacobs,
Esq.
Tasks of Psychiatric Service Animals
• Grounding – involves “recognition and response,”
e.g., sensing that the person is about to have a
psychiatric episode and nudging, barking, or
removing the person to a safe location until the
episode subsides.
• Calming a person who suffers from panic attacks.
• Reminding the person to take medication.
• Performing safety checks or room searches for
persons with PTSD.
• Sources: www.psychdog.org; Official
Commentary to ADA Regs.
Copyright 2011: Melinda Jacobs,
Esq.
But ………….
An “emotional support animal” or “therapy animal” is
a pet……
and is not a “service animal.”
Copyright 2011: Melinda Jacobs, Esq.
Tasks of Service Animals for Individuals with
Mobility-Impairments
•
•
•
•
Provide stability for MI individual.
Retrieve items for MI individual.
Open doors for MI individual.
Assist the MI individual with standing, sitting.
Copyright 2011: Melinda Jacobs, Esq.
New ADA Regulations on Service Animals, 28
C.F.R. Part 35
• General. A public entity shall modify its policies,
practices, or procedures to permit the use of
service animals by an individual with a disability.
• 28 C.F.R. 35.136(a).
Copyright 2011: Melinda Jacobs, Esq.
Exceptions
• A public entity may ask an individual with a
disability to remove a service animal if:
– The animal is out of control and the animal’s
handler does not take effective action to control it;
or
– The animal is not housebroken. (But, the LEA
cannot remove the animal that has a toileting
accident due to illness or accident).
– 28 C.F.R. 35.136(b)
Copyright 2011: Melinda Jacobs, Esq.
Animal Must Be Under Handler’s Control
• S.A. must be under handler’s control.
• S.A. must have a harness, leash, or other tether
(unless the handler is unable because of a
disability to use these, or the use of these
would interfere with the S.A.’s safe, effective
performance of work or tasks).
28 C.F.R. 35.136(d)
Copyright 2011: Melinda Jacobs, Esq.
If harness, leash, or tether cannot be used…..
• The S.A. must be under the handler’s control by
voice, signals, or other effective means.
• 28 C.F.R. 35.136(d)
Copyright 2011: Melinda Jacobs, Esq.
Care or Supervision
• A public entity is not responsible for the care or
supervision of a service animal.
• 28 C.F.R. 35.136(e)
Copyright 2011: Melinda Jacobs, Esq.
Inquiries About Service Animals
• A public entity shall not ask about the nature or
extent of a person’s disability.
• A public entity may ask two questions:
– Is the service animal required because of a disability?
– What work or task has the service animal been trained
to perform?
• 28 C.F.R. 35.136(f)
Copyright 2011: Melinda Jacobs, Esq.
More on Inquiries….
• You cannot require documentation or proof that
the animal has been certified, trained, or licensed
as a service animal.
• You cannot make inquiries about a service animal
when it is “readily apparent” that an animal is
trained to do work or perform tasks for a person
with a disability.
» 28 C.F.R. 35.136(f)
Copyright 2011: Melinda Jacobs, Esq.
Access to Areas of the School
• Persons with disabilities shall be permitted to
take their service animals in all areas of the
school’s facilities where other students and
members of the public are allowed to go.
• 28 C.F.R. 35.136(g)
Copyright 2011: Melinda Jacobs, Esq.
Surcharges
• A public entity shall not ask or require a person
with a disability to pay a surcharge, even if
people accompanied by pets are required to pay
fees, or to comply with other requirements
generally not applicable to people without pets.
If a public entity nominally charges for damage
caused by pets, the person with a disability can
be charged for damage caused by the service
animal.
• 28 C.F.R. 35.136(h)
Copyright 2011: Melinda Jacobs, Esq.
When a Service Animal Can Be Excluded:
• A service animal can be legally excluded from a
school building, school function, or schoolsponsored activity if permitting the service
animal would fundamentally alter the nature of
the service, program, or activity.
» Official Commentary to ADA Regulations, 28 C.F.R. Part 35
Copyright 2011: Melinda Jacobs, Esq.
Dogs That Can Be Excluded:
– Dogs trained to provide aggressive protection, such
as attack dogs.
– However, breeds of dogs that are perceived to be
aggressive because of breed reputation, stereotype,
or the history/experience of the observer cannot be
excluded from
schools on that basis.
(e.g., pit bulls, German
shepherds, Dobermans).
Official Commentary to ADA
Regulations, 28 C.F.R. Part 35
Copyright 2011: Melinda Jacobs, Esq.
Other Animals That Can Be Excluded:
• All wild animals, whether born or bred in
captivity or in the wild, are eliminated from
coverage as service animals.
Copyright 2011: Melinda Jacobs, Esq.
Monkeys Are Not Permitted In Schools
Nonhuman primates, including capuchin monkeys,
cannot be service animals in schools because of their
potential for disease transmission and unpredictable
aggressive behavior.
Copyright 2011: Melinda Jacobs, Esq.
These Cannot Be Service Animals in Schools:
•
•
•
•
•
•
•
•
•
Cats
Snakes
Iguanas
Monkeys
Pot-Bellied Pigs
Ferrets
Parrots or other birds
Goats
Chickens
Copyright 2011: Melinda Jacobs, Esq.
If a Service Animal is Excluded:
• The School must give the individual with a
disability an opportunity to participate in the
service, program, or activity without having the
service animal on the premises.
• 28 C.F.R. 35.136(c)
Copyright 2011: Melinda Jacobs, Esq.
Questions About Service Animals
• Will these requirements become the basis
for IDEA/504 lawsuits?
• Who is the animal’s “handler?”
• Could the provision of a service animal
become part of FAPE as a “related service”,
and therefore be the financial responsibility
of the school system?
Copyright 2011: Melinda Jacobs, Esq.
• When does the presence of a dog or
miniature horse “fundamentally alter” the
nature of the services provided by the school
system?
• Can schools require parents to provide a
“handler” for the animal if the child is unable
to do so?
• Can schools require current veterinarian
certificates of health and immunization?
• Can schools require parents to sign a waiver of
liability?
Copyright 2011: Melinda Jacobs, Esq.
• What rights do teachers and other school staff
have if they object to assignments to handle
animals or have an allergy to an animal?
• What rights do parents of nondisabled children
have if they object to the presence of a service
animal in their child’s classroom/school?
Copyright 2011: Melinda Jacobs, Esq.
• Will schools be required to permit the presence
of service animals at athletic events,
assemblies, school dances, field trips, etc.?
• Are schools required to pay for training a
service animal? For buying a service animal?
Copyright 2011: Melinda Jacobs, Esq.
• How do schools respond to multiple requests
for service animals in the same
classroom/school?
• Is there a limit on the number of service
animals in any one school or classroom?
Copyright 2011: Melinda Jacobs, Esq.
Hypo: Child with autism has a
golden retriever at school. During
class, the dog frequently barks and
disturbs and/or frightens other
children.
• Answer: The dog can be removed
because it’s presence is “fundamentally
altering” the instructional environment.
• Official Commentary, F.R., Vol. 75, No. 178, p.
56197.
Copyright 2011: Melinda Jacobs, Esq.
Hypo: Child with mobility impairment has a
Great Dane at school. The dog has pooped
in the classroom, in the cafeteria during
lunch, and in the gym on several
occasions.
• Answer: The dog can be
removed because it is not
housebroken.
– 28 C.F.R. 35.136(b).
Copyright 2011: Melinda Jacobs, Esq.
Hypo: Student with a Psychiatric Disorder Has a
Labrador Retriever at School. The dog is trained to
ground the student during periods of psychosis and
calm him during panic attacks. Two other students
in the same class are highly allergic to pet dander.
• Answer: The dog cannot be removed.
The students with allergies may have to
be moved to a different class in order to
accommodate their allergies.
• 28 C.F.R. 35.136(a)
Copyright 2011: Melinda Jacobs, Esq.
Hypo: Girl with autism and a history of running away
from teachers/aides has a German Shepherd that is
trained to prevent her from eloping. On three
occasions, the dog has run after other children who
were running on the playground during recess.
• Answer: The dog can be removed because it
is endangering the safety of other children,
and is not within the control of its handler.
– 28 C.F.R. 35.136.
Copyright 2011: Melinda Jacobs,
Esq.
Hypo: Boy who is 6 ft. tall and has autism has a
miniature horse that is trained to guide him through the
school building and open doors. The boy cannot control
the horse, and needs an adult to “walk” the animal three
times during the school day.
• Answer: The horse can be excluded
because it is not within the control of its
handler. 28 C.F.R. 35.136
• But…….can the parents demand that the
LEA hire an assistant to care for the horse
as a “related service” per the IDEA?
Copyright 2011: Melinda Jacobs, Esq.
Hypo: A teacher with psychiatric disorders (PTSD and
Bipolar Disorder) has a shih tsu that is trained to calm
her during episodes of cycling/panic/psychosis. The
dog has never been seen to respond to these
problems, but sleeps most of the time and barks loudly
whenever any sound is heard in the classroom.
However, the teacher has been doing a fine job since
she obtained her.
• What do you think?
Copyright 2011: Melinda Jacobs, Esq.
DOCUMENT, DOCUMENT, DOCUMENT!!!!!!!!!!
•Document daily student-service animal
interactions, noting the performance/nonperformance of tasks by the animal for the benefit
of the student.
•Document daily service animal behavior.
•Document daily service animal toileting behaviors.
•Document daily any aggressive behaviors by the
service animal.
Copyright 2011: Melinda Jacobs, Esq.
Service Animal Checklist
This checklist is to be used to guide discussion and help gather information that will be helpful as you plan.
Student’s Name: _____________________________________________ ___
Person(s) interviewed: ___________________________________________
Date: __________________________________________________________
_____ Does the student have an IEP or a 504 Service Plan?
Service animals only serve students who have IEPs or 504 Service Plans.
_____ Is the service animal a dog or miniature horse?
All other animals are excluded from being service animals at school.
Clarification - Ponies are not miniature horses.
_____ Has the service animal been trained?
_____ What has the service animal been trained to do?
(Physical, Sensory, Psychiatric, Intellectual, Other mental disabilities)
_________________________________________
Services do not include crime deterrent due to an animal’s presence or provision
of emotional support, well-being, comfort or companionship. These are not valid
reasons for having a service animal.
You can only ask if the animal has been trained. You cannot require a certificate
or proof. Animals can be trained by anyone.
The service to be provided should relate to the student’s disability.
_____ Who will be the service animal’s handler? __________________________
In a majority of cases the answer should be the student. In cases where it is not the
student you will have a related service provider question for the IEP or the Service Plan.
_____ Does the handler have sufficient control of the service animal?
(Voice, Signal or Other method)
The service animal can be excluded if the handler does not have control.
_____ Is the service animal housebroken?
This is another case where the service animal can be removed. LEA cannot remove service
animal if the animal is sick or has an accident.
_____ Is the dog trained to provide aggressive protection, such as attack dogs?
The dog can be excluded from the school if the dog proves to be aggressive.
_____ Does the service animal’s presence compromise legitimate safety
requirements necessary for safe operation?
_____ What considerations have been made about transportation? __________________________
The service animal has the right to take the school transportation.
Miniature horses can go up steps but do not go down steps.
May require an adapted vehicle to transport student with service animal.
_____ Does the service animal have veterinarian certificates of health and
immunization?
This is a consideration that should be brought to the attention of your school solicitor.
Pointers:
•Seek support from your school administration and/or school solicitor in cases where responses to this checklist do
not align to guidance provided by the federal government.
•Review your school board policies on service animals.
Reminders:
Make sure you complete the Survey Monkey to receive credit for
participating in the presentation.
Additional questions can be sent to Bernie Miller at
[email protected]
This is the link to survey monkey if you are unable to click on the
link in the conversation box on the webinar screen.
https://www.surveymonkey.com/s/Act48Chpt14