Disability, At-Risk & Non-Discrimination
Section 504
Section 504 of the Rehabilitation Act of 1973, is also called the "Civil Rights Law for the Disabled." The law states the "No otherwise qualified individual with handicaps in the United States...shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
In simple terms, Section 504 is an anti-discrimination, civil rights statute that requires students with disabilities to be met as adequately as the needs of students without disabilities. An evaluation needs to be conducted before a determination of the student's eligibility and subsequent needs are made. The team must answer the following questions:
- Is there an impairment?
- Does it substantially limit a major life activity?
- What is the accommodation that is needed to keep that impairment from substantially limiting the activity?
It is the intent of CCPS to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational accommodations and related services.
Contact your School 504 Building Coordinator.
Parents Guide to Section 504
Service Animals
Under the ADA guidelines, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.
ABOUT SERVICE ANIMALS
ADA regulations define what businesses and state/local governments must do to make sure that they do not discriminate against a member of the public with a disability who uses a service animal. The information below is from the US Department of Justice Civil Rights Division, Americans with Disabilities. Service Animals | ADA.gov
Definition of Service Animal:
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a specific action when needed to assist the person with a disability. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting, and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Service animals are:
· Dogs
· Any breed and any size of dog
· Trained to perform a task directly related to a person’s disability.
Service animals are not:
· Required to be certified or go through a professional training program.
· Required to wear a vest or other ID that indicates they’re a service dog.
· Emotional support or comfort dogs, because providing emotional support or comfort is not a task related to a person’s disability.
Asking if a Dog is a Service Animal
If you are working at a business or state/local government facility and it is unclear to you whether someone’s dog is a service dog, you may ask for certain information using two questions.
You may ask:
· Is the dog a service animal required because of a disability?
· What work or task has the dog been trained to perform?
You are not allowed to:
· Request any documentation that the dog is registered, licensed, or certified as a service animal.
· Require that the dog demonstrate its task or inquire about the nature of the person’s disability.
Because service animals are not required to wear vests, a dog that is wearing a vest is not necessarily a service animal. The dog still needs to be trained to perform a task for a person with a disability to be a service animal.
Care and Supervision of the Service Animal:
The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, grooming and veterinary care. The service animal must be under the control of its handler. A service animal shall have a harness, leash, or other tether unless either the handler is unable because of a disability to use a harness, leash or other tether or the use of the harness, leash or tether would interfere with the service animal’s safe, effective performance of work or tasks in which case the animal must be otherwise under the handler’s control.
Access Provided in the School Setting/School Bus:
Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a school where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.
An individual with a service animal cannot be refused transportation service nor can the individual be segregated from other passengers. The service animal must be permitted to accompany its owner on school buses. Service animals may not block aisles or exits, or otherwise interfere with other passengers reaching them.
Interacting with a Service Animal:
Service animals work and perform tasks and are not pets. The recommended ‘best practices’ when interacting with service animals include:
· Do not touch or feed a service animal unless invited to do so.
· Do not deliberately distract or startle a service animal.
· Do not physically separate, or attempt to separate, a service animal from the individual using the animal’s service.
Service Animals in Training:
Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training. A service animal trainer may accompany a service animal in training. Service animals in training may be excluded if there would be a clear danger of disturbance or physical harm to those in the facility.
When Can a Service Animal be Kept Out?
A business or state/local government does not need to allow a service animal if its presence would fundamentally alter the nature of the goods, services, programs, or activities provided to the public.
A business or state/local government can ask someone to remove their service animal if:
· The dog is not housebroken.
· The dog is out of control, and the person cannot get the dog under control.
· The presence of the service animal would fundamentally alter the nature of the service, program, or activity.
If staff properly excludes a service animal, the individual with a disability shall be given the opportunity to participate in the service, program, or activity without having the service animal on the premises.
State and Local Laws
State/local governments can:
· Require service dogs to be licensed and vaccinated, if all dogs are required to be licensed and vaccinated.
· Offer voluntary service dog registration programs.
State/local governments can’t:
· Require certification or registration of service dogs.
· Ban a service dog based on its breed.
Additional information about service animals can be found at www.ada.gov/resources/service-animals-faqs/
PROCEDURES FOR SERVICE ANIMALS IN CCPS
The Carroll County Public Schools acknowledges it's responsibility to permit students and/or adults with disabilities to be accompanied by a “service animal” in its school buildings, in classrooms, and at school functions, as required by the Americans with Disabilities Act, 28 CFR Part 35, subject to the following:
1. All requests for an individual with a disability to be accompanied by a service animal should be addressed in writing to the Office of Student Services, ATTN: SUPERIVOR OF STUDENT SERVICES- STUDENT SUPPORT at MariaMartin@carrollk12.org. This written request should be received by the Carroll County Public Schools at least 10 business days in advance of bringing the service animal to school or a school function, whenever possible.
2. Owners of service animals are liable for any harm or injury caused by the animal to other students, staff, visitors, and/or property.
3. The animal must be a dog. No other species of animal, whether wild or domestic, will be permitted in schools as a “service animal”.
4. The animal must be “required” for the individual with a disability.
5. The animal must be “individually trained” to do work or perform a task for the individual with a disability.
6. Removal of a Service Animal: A school administrator may ask an individual with a disability or their parent/guardian to remove a service animal from a school building, a classroom, or from a school function if any one of the following circumstances occurs:
a) The animal is out of control and the animal’s handler does not take effective action to control it.
b) The animal is not housebroken.
c) The animal’s presence would “fundamentally alter” the nature of the service, program, or activity.
7. A service animal must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control.
8. The school system is not responsible for the care or supervision of a service animal, including walking the animal or responding to the animal’s need to relieve itself.
a. The school district is not responsible for providing a staff member to walk the service animal or to provide any other care or assistance to the animal.
b. Students with service animals are expected to care for and supervise their animals.
Please contact Maria Martin, Supervisor of Student Services, Student Support with questions.