Regulation – x
Adopted – 11/15/2018
In accordance with Pacific Grove Unified School District policy, a teacher or student may bring an animal into the classroom for instructional purposes with prior approval of the principal, program manager or designee. When a parent/guardian has provided notification that his/her child has an allergy, asthma, or health condition that may be affected by the animal, the teacher shall remove the animal from the classroom or provide an alternative instructional activity for the student as appropriate.
All animals brought to school must be in good physical condition and appropriately immunized. The teacher shall ensure that the species of animal is appropriate for the instructional purpose and age and maturity of the students.
All animals, with the exception of service animals or animals required under an Individualized Education Program (IEP), are prohibited on school transportation services.
All animals shall be humanely and properly housed in cages or containers specific for the species or otherwise appropriately controlled. The teacher shall also ensure that cages or containers are cleaned regularly and that waste materials are removed and disposed of in an appropriate manner. If the animal is to remain in the classroom longer than one day, the teacher shall be responsible for care and maintenance of the animal and ensure care when school is not in session, such as weekends, vacations, and holidays.
The teacher shall ensure that students receive instruction regarding personal hygiene around animals.
Service Animals at Facilities and Programs
This information is designed to provide guidance for use of service animals by enrolled students with disabilities at Pacific Grove Unified School District facilities and programs. This information also applies to all visitors and staff who bring a service animal to school.
1. Individual with a disability as defined by the Americans with Disabilities Act, and section 504 of the Rehabilitation Act of 1973 is an individual who:
a. Has a physical or mental impairment that substantially limits one or more major life activities; or
b. Has a record of such an impairment; or
c. Is regarded as having such an impairment.
2. A Service animal as defined by the ADA is any dog individually trained to do work or perform tasks for the benefit of an individual with a disability. These tasks include, but are not limited to: guiding individuals with impaired vision; alerting individuals who are hearing impaired to intruders or sound; providing minimal protection or rescue work; pulling wheelchairs or carrying and picking up things for persons with mobility impairments and assisting persons with mobility impairments with balance.
3. Handler is the individual with the disability who requires assistance with one or more daily living activities from a service animal.
Right to Use of Facilities and Services
An individual with a disability has the right to be accompanied, in or on Pacific Grove Unified School District property and facilities, by a service animal specifically trained to provide a service for that individual; subject to the following conditions:
1. Upon request, the handler of the service animal shall identify the specific individualized training of the animal, including what tasks the animal performs for the individual.
2. The handler of the service animal is responsible for the care and conduct of the service animal at all times. The service animal must be under handler’s control at all times. The handler of the service animal is responsible for the cleanliness of the service animal, including flea control and other protective measures for health and safety.
3. The service animal shall not exhibit aggressive behavior toward staff, students, or any other individuals, may not otherwise pose a direct threat to the health and safety of others, and may not be disruptive to the educational environment.
If any of the above conditions are not met, the handler can be required to remove the service animal and not bring the service animal back to the facility or program until the handler has corrected and re-trained the animal appropriately.
Liability for Service Animals
The handler of a service animal shall keep the service animal properly harnessed or leashed and under control at all times. The owner/handler of the service animal is solely responsible for any damage to persons, premises or facilities caused by that service animal. The Pacific Grove Unified School District assumes no responsibility for service animals.
Special Education/Section 504 Students
The on-site administrator must evaluate the student’s need for an animal. For special education students (i.e., those students qualifying for special education services under the Individuals with Disabilities Education Act (IDEA)), Individualized Education Program (IEP) teams may also consider whether or not a service animal is required to meet a particular student’s unique needs. Should such an animal be found to be required by an IEP team, conditions for the use of such an animal should be referenced in the IEP document. Similarly, should an animal be included in a student’s Section 504 Plan, the conditions for the use of such an animal should be referenced in the Plan document. Those conditions should include a list of tasks the animal is able to perform for the student.
The use of animals must comply with all relevant federal and state laws. Requests for exceptions to this Service Animal Policy must be considered and evaluated by the Pacific Grove Unified School District on a case-by-case basis.
233.5- Instruction in kindness to pets and humane treatment of living creatures
39839- Transportation of guide dogs, signal dogs, service dogs
51202- Instruction in personal and public health and safety
51540- Safe and humane treatment of animals at school
54.1- Access to public places
54.2- Guide, signal, or service dogs, right to accompany
810-996.6- California Tort Claims Act, especially:
815- Liability for injuries generally; immunity of public entity
835- Conditions of liability
21113- Public grounds
CODE OF REGULATIONS TITLE 13
1216- Transportation of property
UNITED STATES CODE TITLE 20
1400-1482- Individuals with Disabilities Education Act
UNITED STATES CODE TITLE 29
794- Rehabilitation Act of 1973, Section 504