An individual who does not have a disability may be accompanied by a dog in training to become a service animal or to become a police service canine, subject to the requirements and standards relating to service animals outlined above. Utah Code § 62A-5b-104(2) (2019) An individual accompanied by a dog in training is liable for any loss or damage the dog causes to the school premises. Utah Code § 62A-5b-104(3) (2019) Miniature Horses The District shall make reasonable modifications to its policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the horse has been individually trained to do work or perform tasks for the individual with the disability, subject to the requirements and standards relating to service animals outlined above. In determining whether the District’s policies, practices, or procedures can be reasonably modified to permit this use, the school shall consider: 1. The type, size, and weight of the miniature horse and whether the school can accommodate these features; 2. Whether the handler has sufficient control of the horse; 3. Whether the horse is housebroken; and 4. Whether the horse’s presence in the school compromises legitimate safety requirements necessary for safe school operation. 28 CFR § 35.136(i) Emotional Support Animals The use of an emotional support animal (or “comfort animal”) is considered a request for a reasonable accommodation under the ADA or Section 504. Such a request must be supported by recent, reliable, objective medical documentation. In addition, documentation may be required to address legitimate safety requirements necessary for the safe operation of the school’s programs, services, or activities. Only domesticated animals will be considered as emotional support animals. The use of emotional support animals on school premises is also subject to the requirements and standards relating to service animals outlined above except for the limitation on inquiries. Evaluation Prior to Denial To the extent possible, before denying access to an animal asserted to be a service animal, service animal in training, covered miniature horse, or emotional support animal, District staff shall consult with the District Risk Coordinator and the Risk Coordinator shall consult with State Risk Management and as needed with District legal counsel. If consultation is not possible, District staff shall make the access determination based on this policy and shall thereafter consult. Questions about the application of this policy to specific circumstances or requests requiring special consideration should be directed to the District Risk Coordinator, District personnel responsible for compliance with law relating to individuals with disabilities, and as needed to District legal counsel
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