The site administrator or designee should be familiar with the needs and behaviors of a given species prior to its introduction into the classroom. Children should be instructed on proper animal care and handling before having direct contact with the animal. The Charter LEA assumes no liability and shall not be responsible for the provision of a guide dog, signal dog, or service dog. The user of the dog is responsible for its care and conduct at all times. Right to Use of Facilities and Services A user has the right to be accompanied in, or on County Office property/facilities, or at school- sponsored programs or activities by a guide dog, signal dog, or service dog specially trained for an individual with a disability. However, prior to receiving permission from the site administrator or designee to bring a guide dog, signal dog, or service dog on school property or to a school- sponsored program or activity, the user of the dog shall: 1. Ensure the dog is properly harnessed, on a leash or other tether unless either the handler is unable to 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 (e.g., voice control, signals, or other effective means) ( ADA Title II § 35.136(d) ) 2. Complete and sign a release of liability form, which shall release the Charter LEA from any and all liability for damage to persons, premises, or facilities caused by the dog. If the user is a minor under the age of eighteen (18) years old, the parent shall complete and sign the release of liability form (Appendix F). By signing the release, the individual or the parent, if the individual is a minor, agrees to assume all liability for any and all damages to persons, premises, or facilities caused by the dog. 3. Be responsible for the care and conduct of the dog at all times. The dog shall be under the user’s control at all times. The user is responsible for the cleanliness of the dog, including flea control and ensuring the dog is housebroken to protect the health and safety of others. 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) ):
Chapter 22 – Supports and Services, Charter SELPA As of 10/17/2019 D/M Charter SELPA Steering Committee Approval
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