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 Board also recognizes that animals may be necessary for assisting individuals with disabilities to access District programs and activities. Individuals with disabilities, including students, employees, parents, and other visitors to the District, may be accompanied on school premises and, if applicable, on school transportation, by specially trained service dogs, including guide dogs, signal dogs, or other service animals. (Education Code 39839; Civil Code 54.2; 28 CFR 35.136.)
Unless otherwise required by law, the only time animals, including pets, are allowed on school grounds or at District-sponsored activities is when they are being used for educational purposes or to assist individuals with disabilities in compliance with the law and requirements stated herein and consistent with Administrative Regulation 6163.2.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 3541.2 - Transportation for Students with Disabilities)
(cf. 6159 - Individualized Education Program)
(cf. 6164.6 - Identification and Education Under Section 504)
(cf. 5141 - Health Care and Emergencies)
(cf. 5141.23 - Infectious Disease Prevention)
Legal Reference:
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
WEB SITES:
CSBA: http://www.csba.org
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 ELK GROVE UNIFIED SCHOOL DISTRICT
adopted: March 6, 2007 Elk Grove, California
revised: June 13, 2017