4075 - (IMGA) Service Animals

4075 (IMGA) Service Animals 4075 (IMGA)

A. General Conditions.

1. Use of a service animal by a person with a disability will be allowed in or upon District
property when the animal is required to perform work or tasks directly related to the
individual's disability.

Qualified individuals with disabilities and service animal trainers are eligible to use service
animals in the School.

2. "Service animals":

a. "Service Animal" for the purposes of this policy shall mean and include any dog
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. Service animal shall be construed to include a "hearing ear dog," "guide
dog," or "service dog," as those terms are currently defined in NH RSA 167-D:1.
"Emotional support," "therapy," or "comfort dogs" are generally not service animals
for the purposes of this policy, except as may be provided under Paragraph B.2,
below.

Miniature horses do not specifically fall within the state or federal statutory
definitions for "service animal". However, miniature horses which have been
individually trained to perform specific work or tasks may be permitted in the
schools in certain circumstances as a reasonable accommodation for a qualified
individual with a disability. Any such requests should be directed to the
Superintendent or his/her designee, who in addition to the above will take into
consideration the provisions of Paragraph B.2, and Section C, below. If a
miniature horse is approved, all the conditions in this policy shall apply.

Other species of animals, whether wild or domestic, trained or untrained, are not
service animals for purposes of this definition.

b. The work or tasks performed by a service animal must be directly related to the
individual's disability. Under state and federal law, work and tasks may include, but
are not limited to: (1) assisting individuals who are blind or have low vision with
navigation and other tasks; (2) alerting individuals who are deaf or hard of hearing
to the presence of people or sounds; (3) providing nonviolent protection or rescue
work; (4) pulling a wheelchair; (5) assisting an individual during a seizure; (6)
alerting individuals to the presence of allergens; (7) retrieving items such as
medicine or a telephone; (8) providing physical support and assistance with balance
and stability to individuals with mobility disabilities; and (9) helping persons with
psychiatric and neurological disabilities by preventing or interrupting impulsive or
destructive behaviors. The crime determent effect of an animal's presence and the
provision of emotional support, well-being, comfort, or companionship does not
constitute work or tasks for the purposes of the law.

3. "Comfort" animals/pets: Animals which do not meet the definition of Service Animal as
provided above, are not entitled to protection under this policy and are subject to such
other applicable policies or administrative regulations of the District or school.

4. The District will have no responsibility for the training, feeding, grooming or care of any
service animal permitted to attend school under this policy (except in the limited
circumstances described in Section B.3.a, below. It shall be the responsibility of the
individual with a disability or designated handler to ensure the proper care and supervision

of the service animal.

5. All service animals must be kept on a harness, leash or tether (unless this prevents the
animal from performing his/her specific work or tasks with the individual), or must otherwise
be under the control of the individual with a disability or designated handler at all times.

6. The individual (in the case of a student, the student's parent/guardian(s)) is liable for any
damage to District property or other personal property, and for any injuries to individuals
caused by the service animal, consistent with any applicable laws.

7. Individuals with service animals may access the same areas that individuals without
disabilities are authorized to access.

8. As used in this policy, "service animal trainer" shall have the same definition as that
provided under RSA 167-D:1 as the same may be amended or replaced from time-to-time.
As of February 1, 2017 that statute defines "service animal trainer": (i) as any person who
is employed to train dogs for or is volunteering to raise dogs for a provider of service
animals for persons with disabilities, (ii) or an individual trainer who helps a person with
disabilities to train his or her own service animal, (iii) or an individual trainer who tests an
animal to verify its eligibility for the New Hampshire service animal tag.

B. Administrative Review of Service Animals.

1. Whenever a service animal is in the school or on District property (and it is not obvious that
the animal qualifies as a service animal, e.g., guide dog for a blind person), a building
administrator or other authorized District personnel may ask:

1. Whether the service animal is required because of a disability;
2. What work or task(s) the animal has been trained to perform;
3. In the case of a service animal trainer, documentation of the individual's affiliation
  with a recognized organization as described in RSA 167, and section A.7 above.

2. If a student with an educational disability or a Section 504 Plan seeks to bring an animal on
a school campus that is not a service animal as defined above, the request shall be
referred to the IEP or Section 504 Team to determine whether the animal is necessary for
the student to receive a free and appropriate education (FAPE). After such review, if the
animal is deemed necessary for the student to receive FAPE, then the animal shall be a
service animal for the purposes of this policy.

3. When it is anticipated that a service animal is going to be in school on a regular basis with
a third party (e.g., employee, volunteer, service animal trainer or other frequent visitor to
the school), the individual using the service animal (or in the case of a student, the
student's parent/guardian(s)) are strongly encouraged to notify the Superintendent or the
Principal in advance.

1. The school will not provide any staff support to care for or control a service animal,
  but may provide support to a student using a service animal as needed in a
  particular instance (i.e., accompanying a young student who takes a service animal
  outside to relieve itself).
2. Any handler (service animal trainer, parent/guardian or other person)
  accompanying the service animal must have approval to work in the school from
  the New Hampshire Department of Education and undergo the State criminal
  background check.

4. Service animals must be properly licensed and vaccinated in accordance with New
Hampshire law (see RSA Chapter 466).

C. Additional Considerations Relative to Service Miniature Horses.

In making a determination as to whether to allow a specific miniature horse as a service animal,
the Superintendent/designee will consider pertinent factors, including, without limitation:

1. The type, size, and weight of the miniature horse and whether the facility can
  accommodate these features;
2. Whether the handler has sufficient control of the miniature horse;
3. Whether the miniature horse is housebroken; and
4. Whether the miniature horse's presence in a specific facility compromises legitimate safety
  requirements necessary for the safety of students or others.

D. Removal or Exclusion of Service Animals from School.

1. The Superintendent, Principal or other authorized school official may require that the
service animal be removed from the school or other District property under any of the
following circumstances:

1. The service animal poses a direct threat to the safety of individuals, causes a
  significant disruption of school activities or programs, fundamentally alters the
  nature of any school program, or otherwise jeopardizes the safe operation of the
  school in a manner that cannot be eliminated by modifications;
2. The service animal demonstrates that he/she is unable to perform reliably the work
  or tasks which he/she was represented as being able to perform (which is required
  to be defined as a service animal);
3. The service animal is not under the full control of the person with a disability, or the
  authorized handler/trainer, and the individual does not take effective action to
  control the animal;
4. The service animal is sick (i.e., vomiting, etc.), infested with parasites, has an
  infection of the skin, mouth or eyes, or otherwise presents a threat to the public
  health (applying the standard that would be applied to any other animal allowed on
  school premises); and/or
5. The service animal is not housebroken (i.e., demonstrates that it is not sufficiently
  trained to relieve itself outside in appropriate locations).

2. If a service animal is removed or excluded, the individual shall still be provided access to
school facilities, programs and/or services.

NH Statutes NH RSA 167-D and 466	Description NH RSA 167-D and 466 PENDING LINK
Federal Regulations 28 CFR Part 35-36	Description Nondiscrimination on the Basis of Disability PENDING LINK
Federal Statutes 29 U.S.C. §794	Description Rehabilitation Act of 1973
42 U.S.C. 12101, et seq.	Title II of The Americans with Disabilities Act of 1990
Section 504, 29 U.S.C. 701, et. seq.	Section 504 of The Rehabilitation Act of 1973

Adopted: 8/2012

Revised: 1/22/24

Related Policies:

4076 (IMG)