San Carlos ESD | BP 6163.2 Instruction
Animals At School
The Governing Board recognizes that animals can be an effective teaching aid. In addition, instruction related to the care and treatment of animals teaches students a sense of responsibility and promotes the humane treatment of living creatures. The only time animals are allowed on schools grounds is when they are being used for educational or service purposes.
1. Animals Brought to School for Educational Purposes:
Animals may be brought to school for educational purposes, subject to rules and precautions specified in administrative regulations related to length of visit, number of animals, health, safety and sanitation. Staff shall ensure that these rules and precautions are observed so as to protect both the students and animals. Animals brought to school are the full responsibility of the owner or person in possession of the animal. The district assumes no liability for the safety of these and any other animals voluntarily brought to school.
2. Guide Dogs, Signal Dogs, and Service Dogs at School
Pursuant to Civil Code section 54.2, individuals with disabilities, including children with disabilities have the right to be accompanied by specially trained guide dogs, signal dogs, or service dogs in all public places including schools. If the sole function of the dog is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well being, it shall not be considered to be a guide dog, signal dog, or service dog. The district assumes no liability and shall not be responsible for the provision of a guide dog, signal dog, or service dog. The user of the dog is responsible for its care and conduct at all times.
Guide dogs, signal dogs, and service dogs trained to provide assistance to individuals with disabilities may be transported in a school bus when accompanied by students with disabilities, by disabled teachers, and by individuals who train such dogs.
If an individual with a disability or an authorized trainer seeks to bring a service animal other than a guide dog, signal dog, or service dog, on school property or to a school-sponsored program or activity, the principal or designee shall make the determination of whether the individual may bring the service animal on a case-by-case basis.
Before an individual may bring a guide dog, signal dog, or service dog into a classroom, the principal or designee shall first provide written notification to all parents/guardians of students in the particular class, requesting information regarding whether their child has any known allergies, asthma, or other health-related conditions that may be affected by the dog's presence in the classroom. If the principal or designee determines that a student in the particular class has a health-related condition that would be affected by the presence of the dog, the principal or designee may deny the individual's request to bring the dog into the classroom. The principal or designee may also make alternative arrangements to accommodate the individual's request.
Any guide dog, signal dog or service dog brought to school by an individual with a disability shall be taken home the same day.
3. Presence of Animals on School Grounds
Other than for the purposes outlined in Sections 1 and 2 above (and with all the requirements met therein), no animals including pets may be brought on to school grounds by any individual at any time. This policy applies regardless of whether school is currently in session. If any animal that behaves aggressively or causes injury to staff or students, the animal must be immediately isolated and removed from the school premises until the situation is resolved.
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
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
UNITED STATES CODE, TITLE 29
794 Rehabilitation Act of 1973, Section 504
CODE OF FEDERAL REGULATIONS, TITLE 28
35.136 Service animals
Sullivan v. Vallejo City USD, (1990) 731 F.Supp. 947
Rules and Regulations, September 15, 2010, Vol. 75, Number 178, pages 56164-56236
Indoor Air Quality: Governing Board Actions for Creating Healthy School Environments, Policy Brief, July 2008
Asthma Management in the Schools, Policy Brief, March 2008
American Society for the Prevention of Cruelty to Animals: http://www.aspca.org
Humane Society of the United States: http://www.hsus.org
U.S. Department of Education, Office of Civil Rights: http://www.ed.gov/about/offices/list/ocr
Policy SAN CARLOS SCHOOL DISTRICT
adopted: June 25, 2015 San Carlos, California