Baltimore County Public Schools



-352425400050SERVICE ANIMALS IN SCHOOLS AND OFFICES020000SERVICE ANIMALS IN SCHOOLS AND OFFICESBALTIMORE COUNTY PUBLIC SCHOOLSBaltimore County Public Schools (BCPS) acknowledges its responsibility to permit students and/or adults with disabilities to be accompanied by a "service animal" in its school buildings, in classrooms, on buses, and at school functions or in offices, as required by the Title II of the Americans with Disabilities Act (ADA) and its implementing regulations found at 28 CFR Part 35, subject to the following:All requests from students with a disability to be accompanied by a service animal must be addressed in writing to the Principal1 and then forwarded to Office of Student Support Services and must contain required documentation of vaccinations. Any employee requesting to be allowed to have a service animal at work must contact the BCPS Office of Equal Employment Opportunity and apply for an accommodation prior to the service animal being brought to the place of work. This written request must be delivered, if possible, at least 10 business days, prior to bringing the service animal to school or to a school function. The animal must be “required” by the individual with a disability. The animal must be “individually trained” to do work or a task for the individual with a disability. The task performed by the service animal must address one of the following needs for the disabled individual: physical, sensory, psychiatric, or intellectual, and other identified needs. 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 purpose of this definition. Only a dog or a miniature horse may qualify as a service animal pursuant to Title II of the ADA. No other species of animal, whether domestic or wild, will be permitted in schools or offices as a “service animal.” Special Provisions/Miniature Horses: Requests to permit a miniature horse to accompany a student or adult with a disability in school buildings, in classroom, school bus, or at school functions or in offices, will be handled on a case-by-case basis, considering:The type, size, and weight of the miniature horse and whether the facility can accommodate these features. Whether the handler has sufficient control of the miniature horse. Whether the miniature horse is housebroken. Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation. Owners of a service animal must provide annual proof that the animal is up to date on the rabies vaccination and all other required vaccinations as determined by the animal’s veterinarian, or if such proof is not available, then as determined by the school system’s veterinarian of choice. In order to provide the required proof, the animal’s veterinarian must certify in writing, signed by him/her, that all vaccinations are current. All service animals must be spayed or neutered.All service animals must be treated for, and kept free of, fleas and ticks and other pests.All service animals must be kept clean and groomed to avoid shedding and dander.Owners of service animals are liable for any harm or injury caused by the animal to students, staff, visitors, and/or property. BCPS is responsible for providing a safe learning environment for students, teachers, and staff. If the presence of a service animal poses a health or safety risk to another member of the school or office community, as documented by a physician, the school or office will weigh the needs of all parties and will put forth a plan to provide reasonable accommodations. BCPS will assess each situation on a case by case basis and may transfer the student, the employee, or exclude the service animal if the animal’s presence poses an unwarranted threat to the health, safety and well-being of anyone who will potentially come in contact with the service animal. Removal of a Service Animal: The Principal or office head, after consultation with Student Support Services and/or Office of Equal Employment Opportunity, may ask a student, employee or community member with a disability (or a student’s parents) to remove a service animal from a school building, a classroom, school bus or from a school function or office if any one of the following circumstance occurs: 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’s presence would “fundamentally alter” the nature of the service, program, or activity. The service animal must be harnessed, leashed or tethered so the handler can maintain control of the animal unless:The handler is unable to use the harness, leash or tether because of the disability. The use of such a harness, leash or tether would interfere with the service animal, safe, effective, performance of work or tasks. Where the service animal cannot be effectively harnessed, leashed or tethered, the service animal must be otherwise under the handler’s control through voice control, signals or other effective means. BCPS is not responsible for the care or supervision of a service animal, including walking the animal or responding to the animal’s need to relieve itself. BCPS is not responsible for providing a staff member to walk the service animal or to provide any other care or assistance to the animal nor shall staff volunteer to provide supervision for the animal. Employees, community members, or students with service animals are expected to care and supervise their animal. The owner/handler of the service animal must always carry equipment sufficient to clean up the animal’s waste, immediately remove the waste, and be responsible for the proper disposal of the animal’s waste. In the case of a young child or a student with disabilities, who is unable to care for or supervise his/her service animal, the parent is responsible for providing a handler to care for and supervise the animal. For students with disabilities, the use of a service animal is not an Individualized Education Program (IEP) team decision, rather the IEP team may need to determine if the student requires special instruction or support in learning to handle the animal at school or with communication skills. If the owner of the service animal has concerns about the treatment, a complaint can be filed to the Office of Health Services for schools or the Office of Equal Employment Opportunity for offices to be investigated. Ref: American With Disabilities Act Regulations, 28 CFR Part 35 and applicable Maryland law. ................
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