Policy 6832 – Service Animals on District Premises

The Kenosha School District acknowledges its responsibility to permit students and staff with disabilities to be accompanied by a service animal in its buildings, classrooms and at school functions as to the extent required by the Americans with Disabilities Act (ADA), its accompanying regulations, and any other applicable laws and/or regulations.

Under the ADA, “service animals” include animals (primarily dogs) that are individually trained to perform actual work or tasks for the benefit of an individual with a disability. Examples of such work or tasks include, but are not limited to: assisting navigation for individuals with sight problems, alerting the deaf or hard of hearing about the presence of people or sounds, assisting an individual during a seizure, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and preventing or interrupting impulsive or destructive behaviors. The work or tasks performed by a service animal must be directly related to the individual’s disability. However, neither the crime determent effect of an animal’s presence nor the provision of emotional support, comfort, or companionship constitute work or tasks for the purposes of the ADA.

Legal Ref.:

  • Wisconsin Statutes
    • Section 106.52 [access to public places of accommodation or amusement by individuals with disabilities with service animals and service animal trainers]
    • Section 118.07(4) [school safety plans]
    • Section 121.02 (1) (i) [Safe and healthful facilities
    • Section 252.21 [Reporting suspected communicable diseases]
    • Section 254.56 [Responsibility for keeping public buildings clean and sanitary]
  • Wisconsin Administrative Code
    • TRANS 300.16 [Animals on school buses]
    • HFS 145 [Communicable disease control]
  • Federal Laws and Regulations
    • Title II of the Americans with Disabilities Act [nondiscrimination on the basis of disability; includes service animal requirements]
    • Title II Regulations [nondiscrimination on the basis of disability; includes services animals’ provisions]
    • Section 504 of the Rehabilitation Act [nondiscrimination on the basis of handicap]
    • Individuals with Disabilities Education Act (IDEA) [educational programs and services for students with disabilities]

Cross Ref.:

AFFIRMED:

  • March 27, 2012
  • September 23, 2025

Rule 6832 – Service Animals on District Premises

  1. The District will make reasonable accommodations to the extent consistent with applicable law to allow an individual with a disability to be accompanied by his/her service animal.
  2. The District will make reasonable modifications in policies, practices or procedures when necessary to avoid discrimination on the basis of disability with respect to accommodating the presence of service animals.
  3. The District may deny modifications or accommodations and disallow or limit an individual from using his/her service animal if such use would fundamentally alter the nature of applicable District services, programs, or activities, or where such use would pose a direct threat (i.e., significant risk) to health and safety and no reasonable modification or accommodation has been identified that would sufficiently mitigate the threat.
  4. Except where disallowed or limited in a manner that is consistent with applicable law and this policy, an individual with a disability will be permitted to be accompanied by his/her service animal in all areas of District premises where members of the public, participants in services, programs, or activities, or invitees, as relevant, are normally allowed to go. This provision applies at all times and to all qualified individuals with disabilities, including students and District employees.
  5. A request for a service animal accommodation on District premises must be made in writing (using the District’s Request for Service Animal Accommodation in School Form”) to the Director of Special Education prior to bringing the service animal on District premises.
  6. If it is not readily apparent, school officials may verify that an animal qualifies as a service animal by asking:
    1. whether the animal is required because of a disability, and
    2. what work or tasks the animal has been trained to perform.

    Except as otherwise permitted by law, District officials will not inquire about the nature or extent of the individual’s disability; require that the individual present any medical, training, or other documentation; require presentation of a special identification card; or require the service animal to demonstrate its ability to perform the work or tasks for the individual with a disability.

  7. Under the ADA, the District is not responsible for the care or supervision of a service animal. Further, under the ADA, a service animal shall be under the control of its handler. A handler can be any person who can appropriately control the service animal and who is eligible to be present on school premises at the appropriate time(s) and location(s). Accordingly, a handler may be the specific individual with a disability or another designated person who is accompanying the service animal. Under this policy, the District is making no express or implied commitment to care for or supervise a service animal, or to provide a District staff member or other
  8. person to act as the handler of a service animal beyond any such obligations that may be imposed by state or federal law. Accordingly, the non-District owner(s), client, and handler(s) of a service animal should normally expect to be responsible for the care, supervision, handling, and control of the animal.
  9. Under the ADA, the District is not responsible for the care or supervision of a service animal. Further, under the ADA, a service animal shall be under the control of its handler. A handler can be any person who can appropriately control the service animal and who is eligible to be present on school premises at the appropriate time(s) and location(s). Accordingly, a handler may be the specific individual with a disability or another designated person who is accompanying the service animal. Under this policy, the District is making no express or implied commitment to care for or supervise a service animal, or to provide a District staff member or other person to act as the handler of a service animal beyond any such obligations that may be imposed by state or federal law. Accordingly, the non-District owner(s), client, and handler(s) of a service animal should normally expect to be responsible for the care, supervision, handling, and control of the animal.
  10. Under the ADA, service animals must have a harness, leash, or other tether unless the handler is unable, because of a disability, to use a tether or unless the use of a tether would interfere with the service animal’s safe, effective performance of its work or tasks. Service animals that are not leashed or tethered must be under the control of the handler through some other means, such as voice commands or hand signals. The District will apply these ADA requirements unless prohibited from doing so by a separate law.
  11. It is solely the responsibility of the owner, client with a disability, and/or handler of a service animal (or authorized service animal in training) to ensure that the animal is:
    1. In compliance with all requirements surrounding licensing and vaccinations;
    2. Used and handled in compliance with the animal’s training and any applicable certification.
  12. The District will allow service animal trainers to be accompanied by a service animal they are training at school events, functions, and activities that are open to the general public (school plays and musical performances, school sporting events, etc.). A service animal in training will normally be required to be tethered and to wear an identifying cape or vest. The District does not permit District employees or District students who are service animal trainers to be accompanied by the service animals they are training on school premises during their work hours or during the regular school day, as applicable. The District reserves the right to request that any non-disabled service animal trainer provide evidence of credentials that have been issued by an agency or organization for training service animals that are sufficient to indicate that the animal in question is being trained to be a service animal.
  13. The District retains discretion to remove or exclude a service animal from District premises under any of the following circumstances:
    1. The service animal is out of control and the animal’s handler does not take effective action to control it;
    2. The service animal is not housebroken; or
    3. Any other lawful reason.
  14. If a service animal is removed or excluded, the individual with a disability shall still be provided access to school facilities, programs and/or services in a manner and to the extent consistent with applicable law.
    1. Removal or exclusion decisions and other similar limitations on the presence of a service animal on District premises will normally be made by the applicable principal or by a District-level administrator, consulting with the Director of Special Education and Student Support for students, families, and visitors and with the Director of Human Resources for District staff and volunteers as needed. When an immediate decision is deemed necessary and an administrative-level employee is not readily available, an appropriate activity or site supervisor may make such decisions.