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Lodi Unified School District

Policy 6163.2 - Animals at School

Series: 6000 - Instruction

Policy: 6163.2 - Animals at School

Adopted: 02/07/2012

Last Revised: 0619/2015 (technical revision)

Download Policy 6163.2 - Animals at School PDF (English)

Download Rule 6163.2 - Animals at School PDF (English)

Animals at School

The Board of Education recognizes that animals can contribute to the district's instructional program by being effective teaching aids to students and by assisting individuals with disabilities to access district programs and activities. 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 Superintendent or designee shall develop rules and procedures to ensure that when animals are brought to school, the health, safety, and welfare of students, staff, and the animals are protected. However, the district assumes no liability for the safety of animals allowed on district property.

Legal References

EDUCATION CODE
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
 
CIVIL CODE
54.1 Access to public places
54.2 Guide, signal, or service dogs, right to accompany
 
GOVERNMENT CODE
810-996.6 California Tort Claims Act, especially:
815 Liability for injuries generally; immunity of public entity
835 Conditions of liability
 
VEHICLE CODE
21113 Public grounds
 
CODE OF REGULATIONS, TITLE 13
1216 Transportation of property
 
UNITED STATES CODE, TITLE 20
1400-1482 Individuals with Disabilities Education Act
 
UNITED STATES CODE, TITLE 29
794 Rehabilitation Act of 1973, Section 504
 
CODE OF FEDERAL REGULATIONS, TITLE 28
35.104 Definitions 35.136 Service animals
 
COURT DECISIONS
Sullivan v. Vallejo City USD, (1990) 731 F.Supp. 947
 
Management Resources:
FEDERAL REGISTER
Rules and Regulations, September 15, 2010, Vol. 75, Number 178, pages 56164-56236
 
CSBA PUBLICATIONS
Indoor Air Quality: Governing Board Actions for Creating Healthy School Environments, Policy Brief, July 2008 Asthma Management in the Schools, Policy Brief, March 2008
 
WEBSITES:
CSBA: www.csba.org
American Society for the Prevention of Cruelty to Animals: www.aspca.org
Humane Society of the United States: www.hsus.org
U.S. Department of Education, Office of Civil Rights: www.ed.gov/about/offices/list/ocr

Rule 6163.2

Use of Animals for Instructional Purposes

Before any student or employee brings an animal to school for an instructional purpose, he/she shall receive written permission from the principal or designee. The principal or designee shall give such permission only after he/she has provided written notification to all parents/guardians of students in the affected class, asking them to verify whether their child has any known allergies, asthma, or other health condition that may be aggravated by the animal's presence. When a parent/guardian has provided notification that his/her child has an allergy, asthma, or other health condition that may be aggravated by the animal, the principal shall take appropriate measures to protect the student from exposure to the animal.

All animals brought to school must be in good physical condition and must be appropriately immunized. The teacher shall ensure that the species of animal is appropriate for the instructional purpose and age and maturity of the students.

All animals brought to school shall be adequately fed, effectively controlled, humanely treated, and properly housed in cages or containers suitable for the species. The teacher shall ensure that cages and containers are cleaned regularly and that waste materials are removed and disposed of in an appropriate manner.

The teacher shall ensure that students receive instructions regarding the proper handling of and personal hygiene around animals.

Except for service animals, as defined below, all animals are prohibited on school transportation services.

Use of Service Animals by Individuals with Disabilities

For an individual with a disability, service animal means any dog that is individually trained to do work or perform tasks related to the individual's disability and for his/her benefit. For example, for an individual who is blind or has low vision, a service animal would mean a dog that helps him/her with vision, navigation, and other tasks; for an individual who is deaf or hard of hearing, a service animal would mean a dog that alerts him/her to the presence of people or sounds; and for an individual with psychiatric or neurological disabilities, a service animal would mean a dog that assists him/her by preventing or interrupting impulsive or destructive behaviors.

Individuals with disabilities may be accompanied on school premises and on school transportation by service animals, including specially trained guide dogs, signal dogs, or service dogs.

The Superintendent or designee may permit the use of a miniature horse as a service animal when the horse has been individually trained to do work or perform tasks for the benefit of an individual with a disability, provided that:

  1. The district's facility can accommodate the type, size, and weight of the horse.
  2. The individual has sufficient control of the horse.
  3. The horse is housebroken.
  4. The horse's presence in the specific facility does not compromise legitimate safety requirements of the facility.

The Superintendent or designee may ask any individual with a disability to remove his/her service animal from school premises or transportation if the animal is out of control and the individual does not take effective action to control it or the animal is not housebroken. When an individual's service animal is excluded, he/she shall be given an opportunity to participate in the service, program, or activity without having the service animal present