IHBB - Service Animals in Schools
Service Animals in Schools
The Franklin Public School District (“District”) does not discriminate against individuals with disabilities, including those who require the assistance of service animals. The District will comply with Massachusetts and federal laws concerning the rights of persons who use service animals and will permit such animals on school premises and on school transportation in a manner consistent with the law.
The District recognizes the definition of a service animal as established by the ADA. “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.
A service animal is not a pet. Dogs whose primary function is to provide emotional support, well-being, comfort, or companionship do not qualify as service animals.
The District shall not assume or take custody of, or responsibility for, the care of feeding of any service animal. The owner or person having custody and control of the animal shall be liable for any damage to persons, premises, property, or facilities caused by the service animal.
A service animal must 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 a 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.
If, in the opinion of the building Principal or his or her designee, any service animal is not in the control of its handler, or if it is not housebroken, the service animal may be excluded from the school or program. The service animal can also be excluded if it presents a direct and immediate threat to others in the school. The parent or guardian of the student having custody and control of the animal will be required to remove the service animal from the District premises immediately. Any animal not covered under the ADA service animal definition can be asked to leave District premises.
If any student or staff member in the classroom in which a service animal is permitted suffers an allergic reaction to the animal the situation will be addressed in the moment under the guidance of medical personnel and an alternative plan for moving forward will be developed with appropriate District staff.
No service animal will be permitted on school premises without proof of current rabies vaccination and without prior discussion with the Director of Special Education.
The Superintendent of Schools or his or her designee shall be responsible for developing procedures to accommodate a student’s use of a service animal in District facilities and on school transportation.
Reference: ADA Regulations, 28 CFR Part 35 (as amended, 2010); Individuals with Disabilities Education Act (IDEA); The Rehabilitation Act of 1973; M.G.L. c. 272, § 98A