2030 – Service Animals in Programs
The NWESD 189 Board of Directors acknowledges its responsibility to permit students and/or adults with disabilities to be accompanied by a “service animal” as required by federal laws and Washington State’s law against discrimination. This policy governs the presence of service animals in programs, on program property, including vehicles, and at program activities.
A “service animal” means any dog or miniature horse that 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. The work or tasks performed by the service animal must be directly related to the individual’s disability.
Examples of work or tasks include, but are not limited to the following:
- 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 nonviolent protection or rescue work,
- Pulling a wheelchair,
- Assisting an individual during a seizure,
- Alerting an individual 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.
It is a civil infraction to misrepresent an animal as a service animal. A student’s parent/guardian who believes their student needs to bring a service animal to the program or an employee who wishes to bring a service animal to work, must submit a written request to the program administrator accompanied by written verification from a doctor or other medical professional who in his/her professional capacity has knowledge of the disability and the need for reasonable accommodation of a service animal. The program administrator, in consultation with the Section 504 compliance officer or Special Programs Director, as appropriate, will determine whether to permit the service animal at the program site. The program administrator will not ask about the nature or extent of a person’s disability, but may make two inquires to determine whether an animal qualifies as a service animal. The program administrator may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. The program administrator will not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. The program administrator may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability.
The Superintendent will develop procedures to implement the policy.
First Reading: 08/26/15
Second Reading: 09/24/15
Revised: 01/23/19
Reference:
28 CFR 35.136
Section 504 of the Rehabilitation Act of 1973
RCW 49.060.040
RCW 28A.642
WAC 392-145-021(3)
WAC 392-172A-01155(3)
WAC 392-172A-01035
WAC 392-190
WAC 162-26
Cross Reference:
Policy 2029
Policy 2161
Policy 2162
Policy 3210
Policy 5010
Date Revised: 1/23/19