Principal - November/December 2019 - 56

S C H O O L L AW

the purposes of the three acts. IDEA's
purpose centers on the funding and
delivery of special education and
related services. In other words, its
sole focus is FAPE. The purpose of
both the ADA and Section 504 is nondiscrimination, so those laws require
attention to general issues of access
that include but go beyond FAPE and
what happens in the classroom. Use of
a service animal is one of those issues.
3. If a service animal is not required
under an individualized education
program (IEP), a school can deny a
request for such a service animal.
False. Section 504 requires public schools to provide "reasonable
accommodations" for students with
disabilities, quite apart from IDEA

requirements. Indeed, ADA has
specific provisions related to service
animals that apply to schools. Even if
a child is receiving FAPE through an
IEP, they might also be entitled to a
service dog under ADA and Section
504 as a reasonable accommodation.
4. The school is not required to provide
care or supervision of the service animal.
True, but ... The applicable regulations note that a public entity is not
responsible for the "care or supervision" of an animal, so in the strictest
sense, school districts need not provide such services. But where is the
line between "care and supervision"
and accommodation? Washing, feeding, or walking might be considered

56

Principal n November/December 2019

closer to "care and supervision,"
thus relieving a school district from
providing services on those points.
On the other hand, incidental assistance-if a student needed assistance
to lead a dog outside to urinate, for
example-would likely be considered
an accommodation the school district
is obliged to do. Similarly, if the only
assistance a student needs to control
a dog is untethering a leash from a
wheelchair, that, too, would likely fall
more closely under "accommodation."
5. Other students' allergies or concerns
such as a fear of dogs would provide a
basis to deny a request for a service dog
that might otherwise be granted.
False. If a person is allergic, for
instance, it requires that both the

student with a disability and the
student with an allergy be accommodated (e.g., assigning students
to different locations or classes).
ADA regulations describe only two
justifications for denying access to
a service animal: (1) The animal is
out of control; or (2) the animal is
not housebroken. Importantly, the
regulations also make clear that
a service dog may not be removed
even when out of control, as long as
the handler takes effective action to
control the animal.
6. If a service dog is a reasonable accommodation for a student with a disability,
schools must include that provision in a
student's IEP as a related service.

False. IDEA is silent on the issue
of service animals, but it is quite
clear about what related services
are. Related services are those
services necessary for the child to
benefit from special education.
However, that does not mean that
anything and everything done for
a child is a related service. First
and foremost, a related service is
provided by, and paid for by, the
school. Schools are not responsible
for providing or paying for service
animals, so to list them as a "related
service" is inappropriate.
An IEP team might want to mention a service animal in the section
of the IEP where the team describes
the child's levels of academic and
functional performance. Using a
service dog is really a functional
performance issue-it is how a
child has chosen to navigate the
world. As an alternative, school
officials might consider developing
a Section 504 plan to address the
issue of a service dog.
Expect to confront the use of
service animals in your school,
if you haven't already. In Fry, the
Supreme Court clarified some of
the legal issues surrounding which
statutes might apply to a given challenge to a school district's decision
on the use of service animals. But
Fry should also spur us to refresh
ourselves about the various other
day-to-day issues that arise. Some
state legislatures have also adopted
laws that govern service dogs, so
school leaders should familiarize
themselves with any state provisions
establishing additional requirements for service animals beyond
those of ADA and Section 504.
Mark Paige is an associate professor
at UMass-Dartmouth's Department of
Public Policy.
Julie Fisher Mead is associate dean for
education and professor of Educational
Leadership and Policy Analysis at the
University of Wisconsin-Madison School
of Education.
www.naesp.org


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Principal - November/December 2019

Table of Contents for the Digital Edition of Principal - November/December 2019

from the editor
Snapshots
5 Things
Intertwined for Achievement
Planting the SEAD
Making PLCs a Plus
Measuring Up
Look Out for the Leader
Engagement Across the Generations
The Sum of Its Parts
Putting the “Fun” in Fundraising
NAESP 2019 National Distinguished Principals
In the Spotlight
Practitioner’s Corner
Raising the Bar
Principal’s Bookshelf
School Law
NAESP Partners & Advertiser Index
Speaking Out
Parents & Schools
Parents & Schools
Principal - November/December 2019 - Cover1
Principal - November/December 2019 - Cover2
Principal - November/December 2019 - 1
Principal - November/December 2019 - 2
Principal - November/December 2019 - 3
Principal - November/December 2019 - from the editor
Principal - November/December 2019 - 5
Principal - November/December 2019 - Snapshots
Principal - November/December 2019 - 7
Principal - November/December 2019 - 5 Things
Principal - November/December 2019 - 9
Principal - November/December 2019 - Intertwined for Achievement
Principal - November/December 2019 - 11
Principal - November/December 2019 - 12
Principal - November/December 2019 - 13
Principal - November/December 2019 - 14
Principal - November/December 2019 - Planting the SEAD
Principal - November/December 2019 - Making PLCs a Plus
Principal - November/December 2019 - 17
Principal - November/December 2019 - 18
Principal - November/December 2019 - 19
Principal - November/December 2019 - Measuring Up
Principal - November/December 2019 - 21
Principal - November/December 2019 - 22
Principal - November/December 2019 - 23
Principal - November/December 2019 - Look Out for the Leader
Principal - November/December 2019 - 25
Principal - November/December 2019 - Engagement Across the Generations
Principal - November/December 2019 - 27
Principal - November/December 2019 - The Sum of Its Parts
Principal - November/December 2019 - 29
Principal - November/December 2019 - 30
Principal - November/December 2019 - 31
Principal - November/December 2019 - Putting the “Fun” in Fundraising
Principal - November/December 2019 - 33
Principal - November/December 2019 - 34
Principal - November/December 2019 - 35
Principal - November/December 2019 - NAESP 2019 National Distinguished Principals
Principal - November/December 2019 - 37
Principal - November/December 2019 - 38
Principal - November/December 2019 - 39
Principal - November/December 2019 - 40
Principal - November/December 2019 - 41
Principal - November/December 2019 - 42
Principal - November/December 2019 - 43
Principal - November/December 2019 - In the Spotlight
Principal - November/December 2019 - 45
Principal - November/December 2019 - Practitioner’s Corner
Principal - November/December 2019 - 47
Principal - November/December 2019 - 48
Principal - November/December 2019 - 49
Principal - November/December 2019 - Raising the Bar
Principal - November/December 2019 - 51
Principal - November/December 2019 - Principal’s Bookshelf
Principal - November/December 2019 - 53
Principal - November/December 2019 - School Law
Principal - November/December 2019 - NAESP Partners & Advertiser Index
Principal - November/December 2019 - 56
Principal - November/December 2019 - 57
Principal - November/December 2019 - Speaking Out
Principal - November/December 2019 - 59
Principal - November/December 2019 - Parents & Schools
Principal - November/December 2019 - 61
Principal - November/December 2019 - 62
Principal - November/December 2019 - 63
Principal - November/December 2019 - Parents & Schools
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