|Jan. 6, 2014 | www.fisherphillips.com|
(Education Update, January 2014)
Joey is a 5th grade student who is hearing impaired. Joey’s parents request that he be allowed to attend school with his service dog, Snickers. You learn that Joey’s teacher is severely allergic to animal dander. You are also aware that several students in Joey’s class are afraid of dogs. What do you do?
While you may have concerns about permitting dogs in your school, both federal and state laws limit the circumstances under which you may exclude such service animals. In fact, Title III of the Americans with Disabilities Act requires covered entities, which includes private and public schools, to “modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.”