Whether principals are required to allow service animals in the public schools is not entirely clear in law, policy, or practice. The matter is further complicated when the alleged harm caused by denying a request for a service animal is not clearly related to the educational program. The purpose of this article is to inform principals about the current laws and regulations that govern student requests regarding service animals, including a description of the rights and responsibilities of both students and school personnel in public schools. Guidance on developing actionable policies consistent with Fry v. Napoleon Community Schools, Americans with Disabilities Act of 2011, Individuals with Disabilities Education Act of 2004, and Section 504 of the Rehabilitation Act, 1973, is provided.
FosterA. M. (2018). Don’t be distracted by the peacock trying to board an airplane: Why emotional support animals are service animals and should be regulated in the same manner. Albany Government Law Review, 82, 237-266. https://doi.org/10.2139/ssrn.3225891
9.
Fry v. Napoleon Community Schools, 137 S. Ct. 743 (2017).
HillD. R.KingS. A.MrachkoA. A. (2014). Students with autism, service dogs, and public schools: A review of state laws. Journal of Disability Policy Studies, 25(2), 106-116. https://doi.org/10.1177/1044207313477204
HussR. J.FineA. H. (2017). Legal and policy issues for classrooms with animals. In GeeN. R.FineA. H.McCardleP. (Eds.), How animals help students learn: Research and practice for educators and mental-health professionals (pp. 27-38). Routledge.
14.
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., 34 C.F.R. 100 et seq., 300 et seq. (2004).
15.
Mediation, 34 C.F.R. § 300.506 (West, 2019).
16.
National Council on Disability. (2000). Back to school on civil rights: Advancing the federal commitment to leave no child left behind. ERIC database (ED438632). https://eric.ed.gov/?id=ED438632
17.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.§ 794, 34 C.F.R 104 et seq., 45 C.F.R. § 84 et seq. (1973).
18.
Service animals, 28 C.F.R. §35.136 (h) (West, 2019).
19.
SolerM.CocozzaJ. J.HenryA. (2013). Providing and receiving technical assistance: Lessons from models for change. Center for Children’s Law and Policy and National Center for Mental Health and Juvenile Justice. http://www.modelsforchange.net/publications/591
20.
SughrueJ. A. (2017). Related services under IDEA. In DeckerJ.PaigeM.BlankenshipAShaverE.LewisM. (Eds.), Principal’s legal handbook (6th ed., pp. B89-B110). Education Law Association.
U.S. Department of Justice. (2011b). Statement of the Department of Justice on enforcement of integration mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. https://www.ada.gov/olmstead/q&a_olmstead.htm
28.
U.S. Department of Justice. (2014). Settlement agreement under the Americans with Disabilities Act between the United States of America and Delran Township School District (DJ#204-48-284). https://www.ada.gov/delran-sa.htm
