Policy – Category 5000 (Students) BP 5005 – Supports and Services
The site administrator or designee shall not permit the user to bring the guide dog, signal dog, or service dog on school property or to school-sponsored programs or activities if any of the conditions stated in items 1 through 3 above are not met. If the site administrator or designee grants permission to the user to bring the guide dog, signal dog, or service dog on school property or to school-sponsored programs or activities, the user shall continue to be subject to the conditions stated above. If any of the above conditions are not met, the user requiring the use of the dog can be required to remove the animal immediately and not bring the animal back to the school premises until he/she can demonstrate that all conditions are met. If the public entity properly excludes a service animal under ADA Title II §35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises ( ADA Title II § 35.136(c) ). The user may be asked to remove his or her service animal from the premises if ( ADA Title II § 35.136(b) ): A. The animal is out of control and the animal’s handler does not take effective action to control it; or B. The animal is not housebroken. The Charter LEA shall not ask about the nature or extent of the individual’s disability but may make two inquiries to determine whether an animal qualifies as a service animal: (1) the Charter LEA may ask if the animal is required because of a disability, and (2) what work or task the animal has been trained to perform. The Charter LEA shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, the Charter LEA may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a persons’ wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability) ( ADA Title II § 35.136(f) ). Section 504 Plan and IEP – FAPE Before granting permission to a child with a disability, who is enrolled in a public school of the Charter LEA and has a Section 504 plan or an IEP, to bring a guide dog, signal dog, or service animal on school property or to school-sponsored programs or activities, the site administrator or designee shall determine whether the child’s Section 504 or IEP team has addressed the child’s educational needs in
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BP 5005 – Supports and Services
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 10/19)
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