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 or on a leash at all times and wears an identification tag that identifies the dog as a guide dog, signal dog, or service dog, unless either the handler is unable because of a disability to use a harness, leash, or 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). 2. Complete and sign a release of liability form, which shall release the 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 18 years old, the parent/guardian shall complete and sign the release of liability form (see Appendix E). By signing the release, the individual, or the parent/guardian 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 one through three 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 or she can demonstrate that all conditions are met. If the public entity properly excludes a service animal under Section 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. The user cannot be asked to remove his or her service animal from the premises unless: • The animal is out of control and the animal’s user does not take effective action to control the animal (i.e., dog that barks repeatedly, jumps, displays aggressive behavior, etc.); or • The animal poses a direct threat to the health and safety of others (significant risk to health and safety of others that cannot be eliminated by a modification of policies, practices, or procedures). LEAs should consider whether allowing the animal into a particular setting would constitute a fundamental change in the nature of the program. The LEA and/or site administrator or designee shall not require the following as a condition for the user to be accompanied by the service animal onto public accommodations and/or facilities: • Documentation of a medical disability and/or the extent of the individual’s disability; or
Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval
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