1. The animal is out of control and the animal’s handler does not take effective action to control it; or 2. 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 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
Chapter 22 – Supports and Services, Charter SELPA As of 10/17/2019 D/M Charter SELPA Steering Committee Approval
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