Policy – Category 5000 (Students) BP 5005 – Supports and Services
another manner that would eliminate his or her need for the dog in in order to receive FAPE. Nothing shall preclude the site administrator or designee, upon receiving a request from or on behalf of a child with a disability to bring a guide dog, signal dog, or service dog on school property or to school- sponsored programs or activities, from convening a Section 504 or IEP team meeting to further clarify the child’s need for additional support. Should such a service animal be found to be required by an IEP team, conditions for the use of such a service animal should be referenced in the IEP document. Similarly, should a service animal be included in a child’s Section 504 plan, the conditions for the use of such a service animal should be referenced in the 504 Plan document. Liability for Service Animals The user of the service animal shall keep the service animal properly harnessed or leashed and under control at all times. The owner/user of the service animal is solely responsible for any damage to persons, premises or facilities caused by that service animal. The LEA assumes no responsibility for any guide dog, signal dog, or service dog brought on school property or to school-sponsored programs or activities. Transportation on School Bus Animals shall not be brought to school on school buses without express permission of the appropriate site administrator or designee, except that guide dogs, signal dogs, and service dogs trained to provide assistance to individuals with a disability may be transported in a school bus when accompanied by children with disabilities enrolled in a public or private school or by teachers with disabilities employed in a public or private school or community college or by persons training the dogs ( Education Code § 39839; Civil Code 54.2 ) Court Cases Regarding the Use of Service Animals • Bakersfield (CA) City Sch. Dist., 50 IDELR 169 (OCRIX, San Francisco (CA) 2008); • Sullivan v. Vallejo City Unified Sch. Dist., 16 IDELR 597 (E.D. Cal. 1990); and • Bakersfield City School District, California State Educational Agency, 51 IDELR 142.
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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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