Chapter E - School Operations

Part 10.0 Unity and Diversity

Section 10.4 Students with Disabilities

Paragraph 10.4.1 Service Animals in Schools

Policy Statement:

1. The Board of Education is committed to providing equal access to all services, activities, and programs it offers. Students, employees, or members of the public will not be denied access to services, programs, or activities due to their legitimate use of a service animal in accordance with federal and state law.

2. The Utah State Board of Education authorizes the Governing Board to develop administrative regulations consistent with this policy.

Definitions:

1. "Direct Threat": A significant risk to health and safety of others that cannot be eliminated by a modification to policies, practices, or procedures, or by the provision of auxiliary aids or services.

2. "Disability": means, with respect to an individual
a) a physical or mental impairment that substantially limits one or more major life activities of such individual;
b) a record of such an impairment; or
c) being regarded as having such an impairment (42 U.S.C. Section 12102 of the Americans with Disabilities Act).

3. "Service Animal": Any dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of this definition.

Administrative Regulation

1. Individuals with disabilities are permitted to be accompanied by their service animal or service animals in training in all areas of school facilities where members of the public, participants in services, programs or activities, or invitees are allowed to go.

2. As provided for in Utah law, service animals in training shall be granted access to school facilities where members of the public, participants in services, programs or activities, or invitees are allowed to go.

Service Animal Inquiries

1. In situations where it is not obvious that the dog is a service animal, administrative or school staff may only ask two questions: (1) is the dog a service animal required because of a disability; and (2) what work or task has the dog been trained to perform.

2. A service animal's owner may be required to provide documentation indicating that the service animal has been licensed in the jurisdiction(s) in which the owner resides.

Service Animal Removal

1. Removal of a service animal: A district or school administrator may request an individual with a disability remove a service animal from its facilities under the following circumstances:
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 housebroken; or
c. The animal poses a direct threat.

Service Animal Responsibility

A service animal shall have a harness, leash, or other tether, unless either the handler is unable 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).

American Preparatory Academy and its employees are not responsible for the care or supervision of a service animal, unless documentation exists specifically requiring such care and supervision by the district or its employees.

Legal References: 42 U.S. Code 12102 Definition of Disability, Americans with Disabilities Act Service Animal Overview
Supportive Research: Canyons School District Policy Service Animals in Schools