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Service Animals in Schools Policy

The NHCS service animal policy appears to directly contradict key elements of the American with Disabilities Act and other federal regulations for service animals. It was implimented in 2012 and maintained by the school district until November of 2019, when it was thoroughly revised following the filing of a federal complaint.

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0% found this document useful (0 votes)
1K views2 pages

Service Animals in Schools Policy

The NHCS service animal policy appears to directly contradict key elements of the American with Disabilities Act and other federal regulations for service animals. It was implimented in 2012 and maintained by the school district until November of 2019, when it was thoroughly revised following the filing of a federal complaint.

Uploaded by

Ben Schachtman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Policy: 8432

USE OF SERVICE ANIMALS

The New Hanover County School System adheres to the Americans with Disabilities Act and
state laws permitting the use of service animals by individuals with disabilities. The use of
service animals on school grounds will be governed by this Policy and procedures developed by
the Superintendent or designee.

DEFINITION OF SERVICE ANIMAL

“Service animal” means any dog that, in the sole discretion of the NHCS is individually trained
to do work or perform tasks for the benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability or any miniature horse meeting the
criteria set forth below in this Policy. Other species of animals, whether wild or domestic,
trained or untrained, are not service animals for the purposes of this definition. The work or
tasks performed by a service animal must be directly related to the individual's disability.
Examples of work or tasks include, but are not limited to, assisting individuals who are blind or
have low vision with navigation and other tasks, alerting individuals who are deaf or hard of
hearing to the presence of people or sounds, providing non-violent protection or rescue work,
pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence
of allergens, retrieving items such as medicine or the telephone, providing physical support and
assistance with balance and stability to individuals with mobility disabilities, and helping persons
with psychiatric and neurological disabilities by preventing or interrupting impulsive or
destructive behaviors. The crime deterrent effects of an animal's presence and the provision of
emotional support, well-being, comfort, or companionship do not constitute work or tasks for the
purposes of this definition.

A miniature horse may qualify as a service animal under this Policy, in the sole discretion of the
NHCS, if:

• The miniature horse has been individually trained to do work or perform tasks for the
benefit of the individual with a disability,
• The facility can accommodate the miniature horse given its type, size, and weight,
• The handler has sufficient control of the miniature horse,
• The miniature horse is housebroken; and
• The miniature horse's presence in a specific facility will not compromise legitimate safety
requirements that are necessary for safe operation.

REQUESTS FOR USE OF SERVICE ANIMALS BY STUDENTS WITH DISABILITIES

Students must have prior approval before bringing a service animal onto school property. The
student’s parent or guardian must submit a request for the use of a service animal to the
principal of the student’s school of attendance on the form provided. Such request must
identify and describe the need for the service animal in the school setting. The student’s
parent/legal guardian must describe the manner in which the service animal will meet the
student’s particular need(s). Individuals requesting the use of a service animal may be required
to provide a letter from a physician or other health care provider regarding the need for a service
animal.

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Policy: 8432

Whenever possible, requests for the use of service animals on NHCS property must be made at
least three (3) weeks prior to the proposed use of the service animal. Service animals will not be
permitted in the school setting without prior approval.

The criteria for reviewing requests for service animals and guidelines for the use of service
animals at school are available at each school and on the district’s website.

LEGAL REFS: Americans with Disabilities Act, 42 U.S.C. 12131; 28 C.F.R. Part 35;
NCGS §168-4.2.
CROSS REF: Request for Use of a Service Animal Form

Adopted: 09/18/12

New Hanover County Schools, Wilmington, North Carolina 2 of 2

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