LibGuides: Education of Students with Disabilities : Federal and State Laws: Service and Assistance Animals

Introduction

Service animals in public schools (K-12) – The ADA permits a student with a disability who uses a service animal to have the animal at school. See Taking a Service Animal to School from the ADA National Network. In addition, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act allow a student to use an animal that does not meet the ADA definition of a service animal if that student’s Individual Education Plan (IEP) or Section 504 team decides the animal is necessary for the student to receive a free and appropriate education.

Service animals in postsecondary education settings – Under the ADA, colleges and universities must allow people with disabilities to bring their service animals into all areas of the facility that are open to the public or to students.

Colleges and universities may have a policy asking students who use service animals to contact the school’s Disability Services Coordinator to register as a student with a disability. Higher education institutions may not require any documentation about the training or certification of a service animal. They may, however, require proof that a service animal has any vaccinations required by state or local laws that apply to all animals. See Service Animals and Emotional Support Animals from the ADA National Network.

Books at the Franklin County Law Library

Books at the Franklin County Law Library. They may be checked out by Central Ohio attorneys. Everyone else can use them in the Library.

Assistance Animal Laws: Learn your rights regarding service animals, emotional support animals, therapy pets, and other dogs, cats, and assistance animals by Cabri Media Education Services
Call Number: KF 390.5 .A5 A785
Publication Date: 2017
Litigating Animal Law Disputes: A Complete Guide for Lawyers by Joan Schaffner and Julie Fershtman
Call Number: KF 390.5 .A5 L58
Publication Date: 2009
Understanding Animal Law by Adam P. Karp
Call Number: KF 390.5 .A5 K37
Publication Date: 2016

Laws

Under Title II and III of the ADA, service animals are limited to dogs. However, entities must make reasonable modifications in policies to allow individuals with disabilities to use miniature horses if they have been individually trained to do work or perform tasks for individuals with disabilities. See Service Animals and Emotional Support Animals from the ADA Network.

Individuals with Disabilities Education Act (IDEA)
20 U.S. Code Chapter 33.
Americans with Disabilities Act
42 U.S. Code Chapter 126
Rehabilitation Act
29 U.S. Code Chapter 16
SULLIVAN v. VALLEJO CITY UNIFIED SCHOOL DIST., 731 F.Supp. 947 (1990)
Where the ADA applies schools should be mindful that the use of a service animal is a right that is not dependent upon the decision of an IEP or Section 504 team.
28 CFR 35.104
Service animal means any dog that is trained to perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals are not service animals for the purposes of this definition.
28 CFR 35.136
Generally, a public entity shall permit the use of a service animal by an individual with a disability.
Exceptions - A public entity may ask an individual with a disability to remove a service animal from the premises if -
(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.
Or if the animal is a "direct threat". See below:
28 CFR 35.139
This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others. In determining whether there is a direct threat , the public entity must make an an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
Service Animals Flight Rule
Revised on 12/2/20 Dogs are now the only service animals allowed on planes. Included in 14 CFR Part 382

Education of Students with Disabilities : Federal and State Laws: Service and Assistance Animals

Introduction

Books at the Franklin County Law Library

Laws

Links