The animal s presence or behavior fundamentally interferes in the functions of the school or educational activity.

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1 PROCEDURES AND GUIDELINES FOR USE OF SERVICE ANIMALS New Hanover County Schools 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 at school will be governed by NHCS Policy 8432 Use of Service Animals by Students and these procedures. I. DEFINITION OF SERVICE ANIMAL These procedures apply to any service animal as defined in NHCS Policy II. USE OF SERVICE ANIMALS BY VISITORS ON SCHOOL GROUNDS OR AT SCHOOL- SPONSORED EVENTS Service animals will be permitted on school grounds or at school-sponsored events to the extent consistent with federal and state law and this Procedure. A service animal shall be under the control of its handler at all times while it is on NHCS property. At all times while on NHCS property a service animal shall be on a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means). A school system representative may prevent a service animal from entering New Hanover County Schools property or require an individual with a disability to remove a service animal from the premises if: The animal is out of control and the animal s handler does not take effective action to control it; The animal is not housebroken; The animal poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications; The animal becomes aggressive, causes injury or property damage, or substantially disrupts the educational process or school activity; or The animal s presence or behavior fundamentally interferes in the functions of the school or educational activity. III. PROCEDURES AND REQUIREMENTS FOR USE OF SERVICE ANIMALS BY STUDENTS WITH DISABILITIES Use of service animals by students with a disability is subject to the following procedures and requirements: A. The student s parent/legal guardian must submit a written request for the use of a service animal to the Principal of the student s school of attendance. Such request must be on a form approved by the Superintendent or designee and must identify and

2 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). In addition, the student s parent/legal guardian must sign and return to the Principal a properly completed Service Animal Agreement and Request for Use of a Service Animal on the forms provided by the Superintendent or designee. B. 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. C. As part of the district s consideration of a request for the use of a service animal in the school setting, the student or parent/legal guardian shall provide the following documentation: Certification by a veterinarian that the service animal has received all required vaccinations; Documentation that the handler for the service animal is properly trained; Proof of adequate liability insurance; and If appropriate, documentation from the student s physician or other health care provider regarding the need for a service animal. D. The use of a service animal on NHCS property may be subject to a plan which: introduces the service animal to the school environment, includes any appropriate training for staff and students regarding interaction with the service animal, and provides for other conditions deemed necessary by NHCS. E. Requests for use of a service animal must be renewed annually, prior to the start of each subsequent school year. In addition, the request must be renewed whenever the student changes schools or if a different service animal will be used. Approval of the use of a service animal on NHCS property is subject to review by NHCS at any time. F. Service animals must wear proper identification. G. All costs related to the handling and care of the service animal are the responsibility of the parent/guardian of the student who uses the service animal. NHCS is not responsible for the care or supervision of a service animal. H. Service animals may be permitted on school district transportation vehicles if necessary for the disabled student to access educational services and programs. Requests for transportation will be considered on an individual basis and may include review by the student s IEP team and/or Section 504 team, if appropriate. A representative of the Transportation Department may meet with the animal s owner to determine whether and under what conditions the service animal can be transported safely. IV. HEALTH AND SAFETY

3 A. Service animal standards of behavior: Must be clean, well groomed, and must not have an offensive odor; Must not urinate or defecate in inappropriate locations; Must not solicit attention or annoy other students and school staff; Must not disrupt the classroom or other educational activities; Must not vocalize unnecessarily (i.e., barking, growling, or whining); Must not show aggression toward people or other animals; Must work calmly and quietly on a harness, leash, or other tether; and Must be able to walk or lie quietly beside the handler without obstructing aisles, doorways, etc. B. Any animal that causes injury to staff or students or that behaves aggressively must be immediately isolated and removed from the school premises. The service animal will not be permitted to return to NHCS property unless the owner can establish that the animal does not pose a threat to the safety or well being of students and staff. C. If a student or staff member has an allergic reaction or other health concern because of the presence of a service animal, the animal must be immediately removed from the classroom/workspace of the affected individual and, if necessary, removed from school premises until the situation is resolved. Legitimate health concerns of other students or staff members that cannot be eliminated by reasonable modifications may necessitate additional conditions or limitations placed on the use of a service animal. V. LIABILITY The student or parent/legal guardian of the student using a service animal is wholly liable for any damage to NHCS or personal property and for any injuries caused by the service animal. The student and parent/legal guardian of a student who uses a service animal on NHCS property will hold the New Hanover County Board of Education, its Board Members and employees harmless and indemnify the New Hanover County Board of Education, its Board Members and employees from all such damages. Further, the student or parent/legal guardian will be required to submit a certificate of liability insurance covering the service animal and identifying the New Hanover County Board of Education as an additional insured, reasonably acceptable in amount and form to the NHCS and issued by an insurance company duly licensed in the State of North Carolina and having a financial rating reasonably acceptable to the NHCS.

4 REQUEST FOR USE OF A SERVICE ANIMAL Date: Student Name: Parent Name: School: Identify and describe the need for the service animal as it relates to the student s disability and describe the manner in which the service animal will meet the student s particular need(s): Name of Service Animal: Service Animal other than dogs: Documentation attached: Service animal s properly and currently vaccinated Student has been properly trained as service animal s handler. Service animal s covered by adequate liability insurance Letter from physician or health care provider, if applicable Submit request to school Principal Requests for use of a service animal must be renewed annually, prior to the start of each subsequent school year. In addition, the request must be renewed whenever the student changes schools or if a different service animal will be used. Approved:

5 SERVICE ANIMAL AGREEMENT Date: Student Name: Parent Name: School: Identify and describe the need for the service animal as it relates to the student s disability and describe the manner in which the service animal will meet the student s particular need(s): Name of Service Animal: I have read and understand the NHCS s Service Animal Policy and Procedures. I will abide by the terms of the Policy and Procedures. I certify that all required documentation has been provided. I understand that if my student s service animal is out of control, not housebroken, the animal s presence or behavior fundamentally interferes in the functions of the school or educational activity or poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications, or if my student does not effectively control the animal s behavior, NHCS has the sole discretion to exclude or remove my Service Animal from its property. I agree to be responsible for any and all damage to NHCS property, personal property, and any injuries to individuals caused by the service animal. I agree to indemnify, defend and hold harmless New Hanover County Board of Education, its Board Members and employees from and against any and all claims, actions, suits, judgments and demands brought by any party arising on account of, or in connection with, any activity of or damage caused by the service animal. Signature: Date: Note: This Agreement is valid until the end of the current school year except that the indemnity and hold harmless provisions will remain in effect indefinitely. It must be renewed prior to the start of each subsequent school year. In addition, the Agreement must be renewed whenever the student changes schools or if a different service animal will be used. Revised: 9/18/12

899 Service Animals in the School District

899 Service Animals in the School District I. PURPOSE The purpose of this policy is to establish procedures for the use of service animals in Fridley School District, including school buildings, vehicles