Regulation 2125 Special Services Due Process & Eligibility Effective 2-3-12

SPECIAL SERVICES Health and Welfare Animals on School Property and Other Fairfax County Public Schools (FCPS) Buildings

I. PURPOSE

In order to protect the health and safety of students, employees, and visitors, animals are prohibited on school property. Exceptions will be made for service animals to accommodate a person’s . Exceptions may be made for scientific use in educational programs and for education-related purposes, such as class and mascots. The purpose of this regulation is to provide guidelines and procedures for evaluating whether an animal may be permitted on school property under one of these exceptions, including adherence to the Americans with Act of 1990, as amended.

II. DEFINITIONS

A. School official: a principal, program manager, or designee. School property: property owned or used by the school system, including schools, administration buildings, buses, and other property.

B. An individual with a disability is the same as defined by the Americans with Disabilities Act of 1990, as amended.

C. A service animal is a (or in some cases a miniature horse) that has been 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. A service animal is not a . The work or tasks performed by a service animal must be directly related to the individual's disability.

1. 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.

2. 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 regulation.

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For ease of reference, school officials may consult the following table. The table is not an exhaustive list of the types of service animals that may be excluded from, or permitted, on school property.

A trained service animal includes a: A trained service animal does not include:

• hearing dog • skilled companion animal

• •

• • social dog

• seizure alert dog • facility dog

• mobility dog • agility dog

• psychiatric service dog •

• autism service dog •

• helping dog

• support dog

NOTE: A miniature horse that can NOTE: An animal other than a dog or perform one or more of these functions. miniature horse

III. REQUIREMENTS FOR SERVICE ANIMALS

A. : The Fairfax County School Board is committed to providing access onto school grounds and facilities to individuals with disabilities as required by the Americans with Disabilities Act of 1990, as amended, the Rehabilitation Act of 1973, and the Virginians with Disabilities Act.

Toward that end, school officials shall permit an individual with a disability to be accompanied by his or her service animal in all areas of the school’s facilities (both internal and external) where members of the public, participants in services, programs and activities, and any invitees, as relevant, are allowed to go. In particular, school officials shall permit an individual with a disability to be accompanied by his or her service animal when on school property to:

1. Engage in school-related business.

2. Participate in providing or receiving education, services, programs, and activities to a member or members of the student body.

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3. Receive education and services and/or participate in programs and activities as a member of the student body.

B. Exclusion of service animals: School officials may exclude a service animal if the animal is out of control, threatens the health or safety of others, or fundamentally alters the provision of a school’s services, programs, and activities. Examples include, but are not limited to:

1. The service animal is out of control and/or disruptive to the educational program by behavior such as repeated barking or growling, repeated annoyance or distraction of students or staff, repeated soliciting or stealing food or other items, or damaging property.

2. The service animal shows aggression towards people or other animals while on school property.

3. The service animal physically harms people.

4. The service animal has or other diseases that can be communicated from an animal to a human or other animal.

5. The service animal is not housebroken.

6. An individual on school property at the same time as the service animal is seriously (but not mildly) allergic to the animal, and there is no reasonable way to separate the allergic individual(s) from the animal, or otherwise accommodate both the allergic individual and the individual with the service animal.

7. The handler is unable to control the service animal: for example, the animal does not respond to voice control, signals, or other effective means.

Before excluding a service animal from school property for any of the above reasons, the principal or program manager should consult with the Office of Due Process and Eligibility or the Office of Equity and Compliance to determine whether exclusion is warranted or whether there are alternative methods for addressing the problems posed by the animal. In the case of an immediate threat to health or safety because of an out-of-control service animal, however, the principal may exclude the animal immediately and then consult with one of the specified offices regarding the exclusion.

IV. SERVICE ANIMALS ON SCHOOL PROPERTY

A. Service Animals

1. When assessing whether a disabled individual may bring his or her service animal onto school property, school officials may not ask about the nature or extent of the person's disability.

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2. School officials may not inquire about a service animal if it is readily apparent that the animal is trained to do work. For example, if the animal is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing balance or stability assistance to someone with an observable mobility disability, then the school official may not inquire what the animal is trained to do. If, however, it is not readily apparent that the service animal is trained to do work, then school officials may ask:

a. If the animal is required because of a disability.

b. What work or task the animal has been trained to perform. School officials may not require documentation such as proof that the animal has been certified, trained, or licensed as a service animal.

3. A service animal handler shall maintain control of the animal at all times. A service animal shall have 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: for example, voice control, signals, or other effective means.

4. The service animal shall have a current rabies vaccination and shall be free from any disease that can be communicated by an animal to a human or other animal. For those students and personnel who will be accompanied by a service animal on school property on a regular basis, documentation of current vaccinations and a health certificate must be submitted annually before the animal will be allowed access to the school.

5. School officials may require an individual with a disability to remove his or her 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), is not housebroken, is a threat to health or safety, or fundamentally alters the school program, as defined in section III.B. In such an event, the school official shall give the disabled individual the opportunity to continue to attend or participate in the program or activity for which the disabled individual was on school property.

6. The service animal’s handler is responsible for the care and supervision of the service animal, including housing, feeding, exercising, toileting, and cleanup of the animal.

7. A service animal’s handler is required to clothe his or her service animal in a backpack, harness, or vest identifying the animal as a service animal, with appropriate identifiers specified by Virginia law:

a. Harness–guide dog for the blind.

b. Blaze orange leash–dog for the hearing impaired.

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c. Backpack, harness or vest identifying the dog as trained–dog for those with mobility impairments or other disabilities.

8. School officials may not charge a fee or other surcharge for admitting the service animal on school property.

B. Procedures for Approving the Use of Service Animals

School officials shall permit disabled students and other individuals to utilize a service animal while on school property consistent with, and subject to, the obligations and limitations outlined above.

The parent or guardian of a disabled student who wishes to be accompanied by his or her service animal during school hours and on school grounds must contact the school principal prior to bringing the service animal to school and at the beginning of each school year thereafter so that the principal may evaluate the impact of the animal’s presence on the educational services being provided and, if necessary, work with the disabled student, and/or the parent or guardian to identify any steps that can be taken to address the impact of the animal’s presence on the school’s services, programs, and/or activities, as well as to facilitate the student’s use of the animal at school.

A staff member who wishes to be accompanied by his or her service animal during school hours and on school grounds must contact the Office of Equity and Compliance prior to bringing the service animal to school and at the beginning of each school year thereafter so that the director may evaluate the impact of the animal’s presence on the educational services being provided and, if necessary, work with the staff member to identify any steps that can be taken to address the impact of the animal’s presence on the school’s services, programs, and/or activities, as well as to facilitate the employee’s use of the animal at work.

A community member who wishes to bring a service animal on school property to attend a school or community event, or otherwise conduct school system-related business, need not obtain advance permission to do so. If the community member has questions or concerns about FCPS service animal rules, he or she should contact the school principal, the Office of Equity and Compliance or the Office of Due Process and Eligibility.

C. Special Provision: Miniature Horses

Requests to permit a miniature horse to accompany a student or adult with a disability in school buildings, in classrooms, or at school functions will be handled on a case-by-case basis by considering the following factors:

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. Regulation 2125 Page 6

4. Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

All requirements outlined in the above paragraphs, which apply to service animals, shall also apply to miniature horses.

D. Service in Training

School officials shall permit persons conducting training of a service dog to be accompanied by a dog in training while on school property for school-related business or activities. The training cannot disrupt or interfere with a school’s educational process. It is not expected that training would normally take place in the classroom during instructional time.

The dog in training must be at least six months of age and must adhere to one of the following:

1. In a harness, accompanied by a person who is an experienced trainer of guide dogs or is conducting continuing training of a guide dog.

2. On a blaze orange leash, accompanied by a person who is an experienced trainer of hearing dogs or is conducting continuing training of a hearing dog.

3. In a harness, backpack, or vest identifying the dog as a trained service dog, accompanied by a person who is an experienced trainer of service dogs or is conducting continuing training of a service dog.

4. In a jacket identifying the service animal’s organization and accompanied by an experienced trainer from that organization.

School officials shall permit persons who are part of a three-unit service dog team and are conducting continuing training of a service dog on school property for school-related business or activities.

All requirements outlined in the above paragraphs, which apply to service animals, shall also apply to service dogs in training.

V. ANIMALS FOR EDUCATIONAL PROGRAMS AND AS MASCOTS IN SCHOOL ACTIVITIES

The Fairfax County School Board recognizes that in some circumstances, a trained or untrained animal may provide unique educational opportunities for students. The Fairfax County School Board also recognizes that animals have historically been used as mascots at school events to raise school spirit. Accordingly, a school’s principal may permit a trained or untrained animal on school property for the purposes of educational programs and activities, as a class pet, or for use as a mascot in a school activity, subject to compliance with the following:

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A. The animal’s handler must maintain control of the animal at all times. The handler is responsible for the care, feeding, toileting, and cleanup of the animal.

B. The handler must obtain the school principal’s written permission prior to bringing the animal(s) on school property.

C. The handler shall provide the school’s principal with certification that the animal(s) have current vaccinations against any diseases that may be communicated from the animal to a human or another animal.

D. All requirements outlined in section III.B (Exclusion of Service Animals) shall also apply to animals used for educational programs and as mascots in school activities. In addition, school officials may exclude any animal that no longer serves the school’s purposes.

School officials shall require the immediate removal of any animal that is out of control, not housebroken (or in the case of smaller animals, in a cage), compromising the safety of any student or other person, and/or compromising the safe operations of the school, whether inside a school facility or outside on school grounds.

VI. DAMAGE TO SCHOOL PROPERTY AND/OR PERSONAL INJURIES

The owner or handler of a service animal or other animal admitted onto school property is solely responsible for the following to the same extent that a non-disabled individual is responsible for personal injuries or property damage he or she causes on school property or at school events:

A. Any damage to school property.

B. Any personal injuries suffered by any individual(s) while on school property that were caused by the animal.

VII. DENIAL OF ACCESS AND GRIEVANCE

If a school official denies a request for access of a service animal or a service dog in training (for example, a school’s assistant principal denies the attempt of a disabled parent or guardian of a student to attend a high school athletic event with his service animal), the disabled individual (or his or her legal guardian) or service dog trainer can file a written grievance with the school division’s designated Section 504 coordinator.

VIII. COMPLAINT PROCEDURES

Persons who believe that the school division has discriminated against them by denying a request for access of a service animal can file a written complaint with the school division’s designated Section 504 coordinator. Once a written complaint is received, the school division will investigate the allegations contained in the written complaint in an effort to reach a prompt and equitable resolution.

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A. A complaint may be filed by a student, the student’s parent or guardian, a community member, or a school division employee.

1. Fairfax County Public Schools or the parent or guardian of a student (or an adult student) with a disability as defined by Section 504 of the Rehabilitation Act of 1973 may request an impartial hearing to resolve any disagreement regarding the identification, evaluation, accommodations and/or modifications, provision of FAPE, or causality determination of the student with a disability.

Requests for an impartial hearing shall be made in writing and delivered to the coordinator, Due Process and Eligibility at:

6520 Diana Lane Alexandria, VA 22310

The request shall include: the name of the student, the address of the residence of the student (or available contact information in the case of a homeless student), the name of the school the student is attending, a description of the nature of the problem with supporting facts, and a proposed resolution of the problem.

2. The written complaint regarding employment, personnel issues, or community access must be filed with the director of Equity and Compliance at the following address:

8115 Gatehouse Road, Suite 2100 Falls Church, VA 22042

3. The written complaint regarding facilities must be filed with the director of Design and Construction Services at the following address:

8115 Gatehouse Road, Suite 3400 Falls Church, VA 22042

B. The complaint should be reported as soon as possible and within thirty (30) school days of the occurrence. This time frame may be lengthened for extraordinary circumstances.

Legal reference: 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services

VAC §51.5-44. Rights of persons with disabilities in public places and places of public accommodation

FAIRFAX COUNTY PUBLIC SCHOOLS