2. “Disability.” Disability is defined or determined according to the provisions of the Americans With Disabilities Act (“ADA”), the Individuals With Disabilities Education Act (“IDEA”), and Section 504 of the Rehabilitation Act (“Section 504”), together with implementing regulations. 3. “Direct threat.” A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. 28 CFR § 35.104 4. “Emotional support animal.” A domesticated animal other than a non-human primate that is individually necessary for the emotional support, well-being, comfort, or companionship of an individual with a disability. The tasks performed by the animal must be directly related to the individual's disability. General Standards Regarding Animals Serving Individuals With Disabilities The District is committed to providing equal access for individuals with disabilities to its programs, services, and activities, including access for service animals assisting those individuals, as required by applicable laws and regulations. While the District may establish safety requirements as needed for safe operation of its services, programs, or activities, it recognizes that such requirements must be based on actual risks and may not be based on speculation, stereotypes, or generalizations about people with disabilities. Service Animals The use of service animals by individuals with disabilities shall be allowed on all portions of school premises where the individual would be permitted as a member of the public, an employee, or student, as applicable, subject to the following: 1. The individual may be required to remove the animal from the premises if: 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 properly housebroken. 2. The school is not responsible for the care or supervision of the animal. 3. The animal must be under the handler’s control. This means a harness, leash, tether, voice control, signals, or other effective means of control. 4. Except in circumstances where the animal’s training and function is immediately apparent, the school may ask (1) if the animal is required because of a disability and (2) what work or task the animal is trained to perform. The school may not ask about the nature or extent of the individual’s disability and may not require documentation establishing that the animal is trained as a service animal. 5. The school shall not impose any fee or charge regarding service animals’ presence on school premises; however, in instances where individuals may be charged for damage to school property, charges may be made for damage to school property caused by service animals. 28 CFR § 35.136 Utah Code § 62A-5b-104(3) (2019) Service Animals In Training
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