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Dodge City Public Schools

ING Animals and Plants in the School

ING Animals and Plants in the School

ING 

Animals and Plants in the School 

With the prior approval of the principal, animals or plants may be brought to school for instructional purposes. 

If someone is injured by an animal or comes into contact with a toxic plant, the incident shall be immediately reported to the administration by the supervising teacher. The principal shall notify the appropriate persons. 

Service Animals in the Schools 

Service animals are permitted in the schools and on school property in accordance with federal law. In order for the district to accommodate the health and safety of our students and staff while maintaining our educational services, programs, and activities, employees and students are encouraged to notify their building administrator prior to bringing a service animal to school for the first time. Patrons or individuals attending  functions or having short term business on school property are not required to provide advance notice to school staff in order to be accompanied by a service animal on school property.  

Access to school buildings will not be denied to a service animal as long as the animal is individually trained and required to do work or perform tasks for the benefit of an individual with a disability. Such work or tasks must  be directly related to the individual’s disability. District staff shall not be responsible to provide care or control of a service animal, and any service animal which is out of control or is not housebroken may be excluded by district staff. 

For the purpose of this policy, "service animals" is not deemed to include animals provided by the school for instructional purposes or for therapy or comfort animals.  

Under no circumstances are animals to be transported on school buses.  

Domesticated animals must be inoculated against rabies at the student's expense before the student may bring such animal to school. Animals must be adequately housed and cared for in screened cages. Handling of animals and plants by students must be on a voluntary basis. Only the teacher or students designated by the teacher  are to handle the animals.  

Teachers must assume primary responsibility for the humane, proper treatment of any animal in the classroom.  

Teachers must be aware of federal and state laws regulating the handling of animals. (Cf. KSA 21-4310)  

If animals are to be kept in the classroom on days when classes are not in session, the teacher must make  arrangements for their feeding, care and safety.  

All experiments using live animals must have prior approval of the principal.  

If a staff member or student has been bitten by an animal, the incident must be reported immediately to the  school office by the supervising teacher. Principals are to assume responsibility to notify public authorities to  have the animal impounded for observation. Principals will notify the parents. 


Effective: March 15, 2011 

28 C.F.R. § 35.104 

§ 35.104 Definitions. 

For purposes of this part, the term-- 
1991 Standards means the requirements set forth in the ADA Standards for Accessible Design, originally  published on July 26, 1991, and republished as Appendix D to 28 CFR part 36.  

2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009).  

2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the  requirements contained in § 35.151.  

Act means the Americans with Disabilities Act (Pub.L. 101–336, 104 Stat. 327, 42 U.S.C. 12101–12213 and 47  U.S.C. 225 and 611).  

Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States  Department of Justice.

Auxiliary aids and services includes-- 

  • Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time  computer-aided transcription services; written materials; exchange of written notes; telephone handset  amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids;  closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and  captioned telephones, or equally effective telecommunications devices; videotext displays; accessible  electronic and information technology; or other effective methods of making aurally delivered information  available to individuals who are deaf or hard of hearing;  
  • Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software;  magnification software; optical readers; secondary auditory programs (SAP); large print materials;  accessible electronic and information technology; or other effective methods of making visually delivered  materials available to individuals who are blind or have low vision;  
  • Acquisition or modification of equipment or devices; and  
  • Other similar services and actions.  

Complete complaint means a written statement that contains the complainant’s name and address and  describes the public entity’s alleged discriminatory action in sufficient detail to inform the agency of the nature  and date of the alleged violation of this part. It shall be signed by the complainant or by someone authorized  to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by  name, if possible) the alleged victims of discrimination.  

Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable  belief that a person’s drug use is current or that continuing use is a real and ongoing problem.  

Designated agency means the Federal agency designated under subpart G of this part to oversee compliance  activities under this part for particular components of State and local governments. 

Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification  of policies, practices or procedures, or by the provision of auxiliary aids or services as provided in § 35.139.  

Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or  more of the major life activities of such individual; a record of such an impairment; or being regarded as having  such an impairment.  

  • The phrase physical or mental impairment means-- 
    • Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting  one or more of the following body systems: Neurological, musculoskeletal, special sense organs,  respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic  and lymphatic, skin, and endocrine;  
    • Any mental or psychological disorder such as mental retardation, organic brain syndrome,  emotional or mental illness, and specific learning disabilities.  
  • The phrase physical or mental impairment includes, but is not limited to, such contagious and   noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments,   cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes,   mental retardation, emotional illness, specific learning disabilities, HIV disease (whether   symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.  
  • The phrase physical or mental impairment does not include homosexuality or bisexuality.  
  • The phrase major life activities means functions such as caring for one’s self, performing manual  tasks,  walking, seeing, hearing, speaking, breathing, learning, and working.  
  • The phrase has a record of such an impairment means has a history of, or has been misclassified as having,  a mental or physical impairment that substantially limits one or more major life activities.  
  • The phrase is regarded as having an impairment means-- 
    • Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation;  
    • Has a physical or mental impairment that substantially limits major life activities only as a result of  the  attitudes of others toward such impairment; or  
    • Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity   as having such an impairment.  
  • The term disability does not include-- 
    • Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;  
    • Compulsive gambling, kleptomania, or pyromania; or  
    • Psychoactive substance use disorders resulting from current illegal use of drugs.    

Drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled  Substances Act (21 U.S.C. 812).  

Existing facility means a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part. 

Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other  conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site  where the building, property, structure, or equipment is located.  

Historic preservation programs means programs conducted by a public entity that have preservation of historic  properties as a primary purpose. 

Historic Properties means those properties that are listed or eligible for listing in the National Register of  Historic Places or properties designated as historic under State or local law.  

Housing at a place of education means housing operated by or on behalf of an elementary, secondary,  undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments,  or other places of residence.

Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful  under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a  drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled  Substances Act or other provisions of Federal law.  

Individual with a disability means a person who has a disability. The term individual with a disability does not  include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the  basis of such use.  

Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines-- whether or not designed primarily for use by individuals with mobility disabilities--that is used by individuals  with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance  mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without  defined pedestrian routes, but that is not a wheelchair within the meaning of this section. This definition does  not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42  U.S.C. 12207(c)(2).  

Public entity means-- 

  • Any State or local government;  
  • Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and  
  • The National Railroad Passenger Corporation, and any commuter authority (as defined in section   103(8) of the Rail Passenger Service Act).  

Qualified individual with a disability means an individual with a disability who, with or without reasonable  modifications to rules, policies, or practices, the removal of architectural, communication, or transportation  barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the  receipt of services or the participation in programs or activities provided by a public entity.  

Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site  appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using  any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters,  oral transliterators, and cued-language transliterators. 

Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessary  specialized vocabulary.  

Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub.L. 93–112, 87 Stat. 394 (29 U.S.C. 794)),  as amended.  
Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an  individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.  Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the  purposes of this definition. The work or tasks performed by a service animal must be directly related to the  individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are  blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to  the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair,  assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as  medicine or the telephone, providing physical support and assistance with balance and stability to individuals  with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or  interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the  provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the  purposes of this definition.  

State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,  American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the  Northern Mariana Islands.  

Video remote interpreting (VRI) service means an interpreting service that uses video conference technology  over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers  high-quality video images as provided in § 35.160(d).  

Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with  a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. This definition  does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the  ADA, 42 U.S.C. 12207(c)(2).  

Credits  
[Order No. 3180–2010, 75 FR 56177, Sept. 15, 2010; 76 FR 13285, March 11, 2011]  
SOURCE: 56 FR 35716, July 26, 1991; 75 FR 56177, Sept. 15, 2010, unless otherwise noted. 

AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134.  


Effective: March 15, 2011 
28 C.F.R. § 35.136 
§ 35.136 Service animals. 

  • General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a  service animal by an individual with a disability.  
  • Exceptions. A public entity may ask an individual with a disability to remove a service animal from the  premises if-- 
    • The animal is out of control and the animal’s handler does not take effective action to control it; or 
    • The animal is not housebroken. 
  • If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it  shall give the individual with a disability the opportunity to participate in the service, program, or activity  without having the service animal on the premises.  
  • Animal under handler’s control. A service animal shall be under the control of its handler. A service animal  shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a  harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service  animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under  the handler’s control (e.g., voice control, signals, or other effective means).  
  • Care or supervision. A public entity is not responsible for the care or supervision of a service animal.  
  • Inquiries. A public entity shall not ask about the nature or extent of a person’s disability, but may make two  inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is  required because of a disability and what work or task the animal has been trained to perform. A public entity  shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a  service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily  apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is  observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing  assistance with stability or balance to an individual with an observable mobility disability).  
  • Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their  service animals in all areas of a public entity’s facilities where members of the public, participants in services,  programs or activities, or invitees, as relevant, are allowed to go.  
  • Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if  people accompanied by pets are required to pay fees, or to comply with other requirements generally not  applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an  individual with a disability may be charged for damage caused by his or her service animal.  
  • Miniature horses.  
    • Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or  procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse  has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
    • Assessment factors. In determining whether reasonable modifications in policies, practices, or  procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider-- 
      • The type, size, and weight of the miniature horse and whether the facility can accommodate these  features;  
      • Whether the handler has sufficient control of the miniature horse;  
      • Whether the miniature horse is housebroken; and  
      • Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.  
  • Other requirements. Paragraphs 35.136(c) through (h) of this section, which apply to service animals, shall  also apply to miniature horses.  

Credits:  
[Order No. 3180–2010, 75 FR 56178, Sept. 15, 2010; 76 FR 13285, March 11, 2011]  
SOURCE: 56 FR 35716, July 26, 1991; 75 FR 56177, Sept. 15, 2010, unless otherwise noted. 
AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134. 

Current through January 17, 2013; 78 FR 4014

Adoption Date: 06/06/2006, Revised: 06/08/2009; 08/12/2013; 07/11/2022