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San Ramon Valley USD |  BP  6163.2  Instruction

Animals At School   

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The Board of Education 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. Unless otherwise required by law, the only time animals are allowed on schools grounds is when they are being used for educational or service purposes. If any animal behaves aggressively or causes injury to staff or students, the animal must be immediately isolated and removed from the school premises until the situation is resolved.

Other than for those purposes (and with all the requirements met therein), no animals including pets may be brought on to school grounds during school hours or events by any individual.

Before any animal is brought into the classroom for educational purposes, the principal or designee shall provide written notification to staff and all parents/guardians of students in the affected class or who are reasonably expected to come into contact with the animal asking them to verify any known allergies, asthma, health condition, cultural aversion or fear that may be triggered or adversely affected by the animal's presence.

(cf. 3514 -Environmental Safety)

(cf. 5141.21 - Administering Medication and Monitoring Health Conditions)

(cf. 5141.23 -Asthma Management)

The district assumes no liability for the safety of animals voluntarily brought to school.

(cf. 3320 - Claims and Actions against the District)

(cf. 3530 -Risk Management/Insurance)

Animals Brought to School for Educational Purposes

Animals may be brought to school for educational purposes, subject to approval by the Superintendent or designee and the rules and precautions specified in administrative regulations related to length of visit, number of animals, health, safety and sanitation. For the purposes of this policy and any accompanying administrative regulation, "educational purposes" shall not include circumstances where an animal serves an individual with a disability as a guide dog, signal dog or service animal. Teachers have the authority to enforce any school rule to compel the control of animals, brought to school for educational purposes, for the protection of both the students and the animal.

(cf. 5141 - Health Care and Emergencies)

(cf. 5141.22 - Infectious Diseases)

(cf. 5142 - Safety)

(cf. 5145.8 - Refusal to Harm or Destroy Animals)

(cf. 6142.93 -Science Instruction)

(cf. 6145.8 - Assemblies and Special Events)

Animals brought to school are the full responsibility of the owner or person in possession of the animal. The district assumes no liability for the safety of these and any other animals voluntarily brought to school.

Guide Dogs, Signal Dogs, and Service Animals at School

Individuals with disabilities, including children with disabilities, have the right to be accompanied by specially trained guide dogs, signal dogs, or service animals in all public places including schools. (Civil Code 54.6)

If the sole function of a service animal brought onto campus is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well being, it shall not be considered to be a service animal. All comfort animals, which are not service animals, shall be subject to the rules governing animals brought to school for educational purposes.

The district assumes no liability and shall not be responsible for the provision of a service animal. The user of the service animal is responsible for its care and conduct at all times. Service animals trained to provide assistance to individuals with disabilities may be transported in a school bus when accompanied by students with disabilities, by disabled teachers, and by individuals who train such service animals.

If the principal or designee determines that a student in the particular class has a health-related condition that would be affected by the presence of a service animal, the principal or designee shall attempt to accommodate both the individual controlling the service animal and the individual with the health-related condition affected by the presence of the service animal by assigning them, if possible, to different locations within the room or different rooms.

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 SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT

adopted: January 17, 1995 Danville, California

revised: October 8, 2013

revised: March 22, 2016