Service Animals in Schools
Illinois School Code 105 ILCS 5/14-6.02
(from Ch. 122, par. 14-6.02)
Covers: IL Schools
Service Animal Provision:
Sec. 14-6.02. Service animals. Service animals such as guide dogs,
signal dogs or any other animal individually trained to perform tasks
for the benefit of a student with a disability shall be permitted to
accompany that student at all school functions, whether in or outside
the classroom.
Factors:
1. Animal
2. Individually trained
3. To perform tasks
4. For the benefit of the student with a disability
Exceptions:
None listed
Exhaustion:
No
Timeline:
Injunction effect can be immediate
Individuals with Disabilities Education Act 20 U.S.C. 1400 et seq. (IDEA)
This is a federal law that protects students with disabilities who need special education as a result of
their disability.
The law requires that Districts provide
1. A free appropriate public education (FAPE)
a. Appropriate not best
b. Chevy not Cadillac
2. A full and complete evaluation to determine if child is a “child
with a disability” under the IDEA.
3. An Individualized Education Program (IEP) reasonably
calculated to provide meaningful educational progress.
a. Drafted at a meeting with parents (IEP team)
b. Measurable goals
c. Benchmarks and objectives
d. Related services –what is needed for a child to benefit
from education.
e. Placement in the child’s least restrictive environment
f. The IEP team, including parents, must meet at least
annually to review and update the IEP.
g. Students are to be reevaluated at least every three years.
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4. Procedural Safeguards notice is to be provided to the parents at
least every year.
IDEA Covers:
All public schools including Charter schools and any students
who are placed by the public school system into a private school.
Service Animal Provision:
None
Standard:
Was the IEP reasonably calculated to provide meaningful educational
benefit at the time it was written?
Analysis:
FAPE Does student need the animal to benefit from education?
Burden of Proof: on filing party, usually the parent
Exhaustion:
Yes, exhaustion of administrative remedies is usually required
Parents would have go through an Administrative
Due Process Hearing before going to court.
Due Process Timeline:
75 day minimum prior to court
Section 504 of the Rehabilitation Act
Law:
Prohibits Discrimination on the basis of disability
Covers:
entities that receive federal financial assistance
Public Schools, Charter Schools, and some Private Schools
Service Animal Provision:
None
General Provisions:
No qualified individual with a disability shall, on the basis of disability, be
excluded from participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any program or activity that
receives Federal financial assistance. 34 CFR 104.4(a)
A recipient, in providing an aid, benefit, or service, may not afford a qualified
individual with a disability an opportunity to participate in or benefit from the
aid, benefit or service that is not equal to or as effective as that afforded
others, or “otherwise limit” a qualified individual with a disability in the
enjoyment of any right privilege, advantage, or opportunity enjoyed by others
receiving an aid, benefit, or service to beneficiaries. 34 CFR 101.4(b)
Service Animal:
1.Evidence of individual training
2. Animal must be suited to ameliorate the unique problems of the
student with a disability
Burden of Proof:
Preponderance of the Evidence
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Action:
OCR Complaint
Federal Court
Exhaustion:
504 does not require exhaustion but some courts have found that if an
issue may have IDEA components they will require IDEA exhaustion
before the 504 complaint can be brought.
OCR PROCESS
Analysis:
Office for Civil Rights (OCR) is concerned with process not result.
Did the district follow the necessary procedures?
Did the district apply the correct legal standards?
OCR Limitations:
OCR stated that the determination of whether an animal is a service
animal or whether an animal would address concerns related to a
student is not within the expertise of OCR.
OCR established the following process for requests to bring animals into schools.
Bakersfield (CA) City School District, Office for Civil Rights, Western Division, San Francisco
(California) 09-07-1220 January 25, 2008
A. Meeting with family and school to determine if dog is a “service animal.”
OCR refers to interactive reasonable accommodations process under Title II of the ADA
1. Whether animal is an appropriately trained service animal.
2. Whether the function the animal performed addressed the limitations
related to the Student’s disabilities.
3. Whether the animal presented an unreasonable risk to the health and
safety of the Student or others.
Factors for risk assessment
1. Use reasonable judgment that relies on the best available objective
evidence to ascertain:
a. Nature,
b. Duration, and
c. Severity of risk
d. Probability that injury will occur
e. Whether reasonable modifications of policies, practices, or
procedures will mitigate risk to an acceptable level.
f. District may consider
i. Pedigree,
ii. Breed,
iii. Training
iv. Propensity for harmful or frightening interaction
with other students or others attributed to dogs like
the student’s dog.
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B. If Service Animal
1. Animal attends school
2. Exception: only if the animal represents, specifically and individually, an
unacceptable risk to the health and safety of other students, faculty or staff (others) can
animal be prevented from attending school.
C. If animal is not a service animal
1. District must hold an IEP/504 meeting to determine if the animal should attend
school with the student on a continuous basis as an element of the student’s free
appropriate public education (FAPE) including as a necessary related aid or service.
Non-exhaustive list of factors for IEP/504 team to consider:
a. All academic and behavioral functions taking place in the school
setting for which the animal is trained to assist the student.
b. The degree to which these functions are or are not currently
fulfilled in the school setting by other means.
c. The impact of the animal’s presence or absence upon the ability of
the student to function successfully and independently in an
environment of non-disabled peers.
d. The impact of the presence or absence of the animal upon the
social and adaptive behavior the Student including his ability to
abide by the conduct expectations at the district and his ability to
develop and maintain constructive social relationships with his
peers.
e. The degree, if any to which the separation of the Student from the
animal during the school day would impair a transition to
independent living skills in the student.
D. If the IEP team determines that the animal should attend school with the student on a
continuous basis as an element of FAPE, including as a necessary related service then
animal attends school.
1. Exception: only if the animal represents, specifically and individually, an
unacceptable risk to the health and safety of other students, faculty or staff (others)
can animal be prevented from attending school.
E. If the district determines that the student may not bring the animal to school on a
continuous basis the district must provide
1. In writing to the family the basis for its decision.
2. Information regarding its ADA appeal process,
3. Procedural safeguards and appeal rights under 504/IDEA.
F. The student’s right to Equal Treatment cannot be conditioned on the Student’s parents
contracting away other rights they may have or contractually assuming burden’s not placed
on parents of students without: disabilities.”
504 AND THE COURTS
The courts differ on the handling of this matter depending on circuit and disability.
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