Are you a student with a service dog? Have you ever wondered if schools can deny access to service animals? In this article, we will explore the laws that cover primary and secondary education, as well as post-secondary institutions, to help you better understand your rights as a student with a disability.
Laws that Protect Students with Disabilities
There are three key federal laws that address the rights of students with disabilities in public schools:
- Section 504 of the Rehabilitation Act: This law prohibits discrimination against individuals with disabilities in programs that receive federal funding, including public schools.
- Title II of the Americans with Disabilities Act (ADA): The ADA provides civil rights protections to individuals with disabilities. Title II specifically prohibits discrimination by state and local governments, including public schools.
- The Individuals with Disabilities Education Act (IDEA): IDEA requires states to provide eligible children with disabilities a free and appropriate public education. It applies to public primary and secondary schools and mandates the development of an Individualized Education Program (IEP) for each eligible student.
These laws were enacted at different times in US history and may seem complex. Let’s delve into what they say about service animals in a K-12 setting.
Service Animals in K-12 Schools
Both Section 504 and ADA Title II protect the rights of students with disabilities to have their service animals at school. Regardless of the federal law, a student with a disability who uses a service animal that meets the ADA definition should have the animal at school.
It’s important to note that students with service animals cannot be isolated, treated unfairly, or charged additional fees because of their animals. Allergies and fears of dogs are not valid reasons for denying access or services to students with service animals. Schools should make appropriate accommodations, such as assigning students to different locations within the room or different rooms in the same school.
IDEA, which applies to many students also covered by ADA Title II and Section 504, does not specifically guarantee the right to have a service animal in school. However, IDEA rights can complement the protections provided by ADA and Section 504.
Can You Take Your Service Animal to School?
Although recent court cases have added some complexity to this issue, the general expectation is that students with disabilities have the right to be accompanied by their service animals at school. If you are a student with a disability, you should be allowed to have your service animal with you in the classroom and on the school premises.
Service Animals in Post-Secondary Institutions
When it comes to post-secondary institutions such as universities, the ADA and Section 504 also play a vital role. Public and private universities are covered by Titles II and III of the ADA, while most post-secondary institutions receive federal funding and fall under the purview of Section 504.
The obligations for post-secondary institutions are similar to those for K-12 schools. Institutions must ensure that qualified individuals with disabilities are not excluded from any programs or services offered by the school. Reasonable modifications must be made to policies, practices, or procedures, as long as they do not fundamentally alter the nature of the program.
Service Animals on College Campuses
According to the ADA, individuals with disabilities who use service animals are allowed to bring them to the same areas on college campuses where they are authorized to go. The ADA defines a service animal as any dog that is individually trained to perform tasks or work for a person with a disability.
Service Animals in College Dorms
The Fair Housing Act (FHA) covers dormitories and other student housing facilities. Under the FHA, an assistance animal, which includes both service animals and emotional support animals, does not have to be trained to perform tasks. Instead, it can provide emotional support that alleviates the symptoms or effects of a person’s disability.
If an animal meets the FHA definition of an assistance animal but not the ADA definition of a service animal, it may be restricted to the dormitory or student housing facility only.
Frequently Asked Questions
Q: Can schools deny access to service animals?
A: Schools should not deny access to service animals for students with disabilities, as they are protected by federal laws.
Q: Are allergies a valid reason for denying access to service animals?
A: No, allergies are not considered a valid reason to deny access to service animals. Schools should make appropriate accommodations to ensure the inclusion of students with disabilities.
Q: Can I take my service animal with me to college?
A: Yes, individuals with disabilities can bring their service animals to college campuses, as long as they comply with the ADA guidelines.
Q: What is the difference between a service animal and an emotional support animal?
A: A service animal is trained to perform specific tasks for individuals with disabilities, while an emotional support animal provides comfort and support but may not have specialized training.
Conclusion
As a student with a service animal, it’s essential to understand your rights and the laws that protect you. Both K-12 schools and post-secondary institutions must comply with federal laws such as Section 504, ADA, and IDEA to ensure equal access and opportunities for students with disabilities.
For more information and resources on service animals, visit Pawsoha. We are here to support and guide you through this journey of navigating schools and service animals.