Policy 6832 – Service Animals in District Facilities

The Kenosha School District acknowledges its responsibility to permit individuals with disabilities to be accompanied by a service animal in its facilities as required by the Americans with Disabilities Act.

A service animal is any dog that is 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.

The work or tasks performed by a service animal must be directly related to the individual’s disability. 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. The crime deterrent effect of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.

Legal Ref.:

  • Wisconsin Statutes
    • Section 106.52 Americans with Disabilities Act (ADA),
    • 28 CFR Part 35 (as amended, 2010)
    • 120.13 [Board power to do all things reasonable for cause of education]
    • 121.02 (1)(e) and (i) [Safe and healthful facilities and emergency nursing service standards]
    • 252.21 [Reporting suspected communicable diseases]
    • 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]

Cross Ref.:

  • 3600 School Safety
  • 5110 Equal Educational Opportunity
  • 5531 Emergency Care Procedures
  • 5533 Communicable Disease Control
  • 5334 Administering Medication to Students
  • 6100 Mission, Beliefs and Objectives
  • District Laboratory Chemical Hygiene Plan
  • Teaching and Learning Instructional Practices (Forms)

AFFIRMED: March 27, 2012

Rule 6832 – Service Animals in District Facilities

  1. A request for an individual with a disability to be accompanied by a service animal in a District facility must be made in writing (using the District’s “Service Animal Request Form”) to the Director of Special Education and delivered to the Director of Special Education at least twenty-one (21) days prior to bringing the service animal to the District facility.
  2. Requests to permit a service animal to accompany an individual with a disability in a District facility will be handled on a case-by-case basis, considering the following:
    1. The type, size, and weight of the service animal and whether the facility can accommodate those features;
    2. Whether the handler has sufficient control of the service animal;
    3. Whether the service animal is house broken;
    4. Whether the service animal’s presence in a specific facility compromises legitimate safety requirements that are necessary for the safe operation of the facility.
  3. The individual requesting to be accompanied by a service animal is responsible for the following:
    1. Providing annual proof of the following vaccinations for service animals: DHLPPC (Distemper, Hepatitis, Leptospirosis, Paroninfluenze, Parvovirus, Coronavirus), Bordetella, and Rabies. Providing annual proof of the following vaccinations for: Equine Infectious Amemia (Coggins Test), Rabies, Tetanus, Encephelomyelitis, Rhinoneumonitis, Influenza, and Strangles;
    2. Ensuring that the service animal is spayed or neutered;
    3. Treating for and keeping the service animal free from fleas and ticks;
    4. Ensuring that the service animal is housebroken;
    5. Grooming and keeping the service animal clean to avoid shedding and dander;
    6. Any and all liability for any harm or injury caused by the service animal to other students, staff, visitors, and/or property. The individual requesting to be accompanied by a service animal should provide the District with information regarding current liability insurance coverage if the individual has liability insurance that would cover harm or injury caused by the service animal;
    7. Using a harness, leash or other tether, unless either the handler is unable because of a disability to use the tether, or the use of the tether would interfere with the service animal’s or the ’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control; and
    8. Care and supervision of the service animal, including walking the animal or responding to the animal’s need to relieve itself. If an individual with a service animal is unable to care for or supervise the animal, then the individual must designate another person to be responsible for providing care to and supervision of the animal. The District is not responsible for providing any care to or supervision of the service animal.
  4. A service animal may be required to be removed from a District facility 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. The service animal’s presence would fundamentally alter the nature of the service, program, or activity.

    If a service animal has been required to be removed from a District facility, the owner may request reinstatement of the use of the service animal or in the District facility. The request for reinstatement should be in writing to the Director of Special Education and should state the training or other measures that have been taken to address the reason(s) that the service animal was removed.

  5. A “Service Animal/Decision/Appeal Form” stating whether the request for a service animal to accompany an individual with a disability in a District facility has been approved or denied will be provided to the Requester or Parent/Guardian of the Requester if the Requester is a minor. If a request for a service animal to accompany an individual with a disability in a District facility is denied, that decision may be appealed to the Superintendent of the District by completing Part II of the “Service Animal/ Decision/Appeal Form” and delivering the completed “Service Animal/ Decision/Appeal Form” to the Superintendent of the District.
  6. If a service animal is properly excluded as provided above, then the individual with a disability will have the opportunity to participate in the service, program, or activity without having the service animal on the premises.

Nothing in this policy is intended to limit any right a student may have under any other federal or state law.