What the Disability Laws Say About Service Dogs Shana De Caro, Esq., BrainLine Page 2 of 2

3. Documentation that the service animal has equipment that clearly identifies it as such.

This does not mean that if you comply with all of the above, the school will necessarily acquiesce to your request, but it is the first step. It would seem a logical progression of the application of disability legislation that what would be required in other public settings would be required of school districts as well. However, it is always prudent to consult with an attorney who specializes in education law in your local jurisdiction in order to ascertain your rights and the appropriate procedure.

Important Information

The information provided is general in nature and is provided for your information only and should not be relied on as legal advice. Applicability of the legal principles discussed, may differ substantially in individual situations or in different states. It is important to contact an attorney in your own state if you need legal assistance.

References

Individuals with Disabilities Education Act (IDEA)
20 USC §1400 2t. esq.
U.S. Department of Education: The Office of Special Education and Rehabilitative Services (OSERS) – administers IDEA
http://www.ed.gov/about/offices/list/osers/index.html

Rehabilitation Act, Section 504, 29 USC §794
U.S. Department of Education: Office of Civil Rights Information on Section 504 of the Rehabilitation Act
http://www.ed.gov/about/offices/list/ocr/504faq.html

U.S. Department of Justice ADA Home Page
http://www.usdoj.gov/crt/adahom1.htm

ADA Business Brief: Service Animals, U.S. Dept of Justice
http://www.ada.gov/svcanimb.htm

U.S. Department of Justice publication: “Commonly Asked Questions About Service Animals in Places of Business”
http://usdoj.gov/crt/ada/qasrvc.htm

Animal Welfare Information Center Newsletter, Summer 1996, Vol.1
Federal Policies on Access for Service Animals
http://www.nal.usda.gov/awic/newsletters/v7n2/7n2hende.htm#ADA

Sullivan v. Vallejo City Unified Sch. Dist., 731 F. Supp. 947 (ED Cal. 1990)

NY Exec. Law, Art. 15 (Human Rights Law) §§296.4 – 14.
Cave v. E. Meadow Union Free Sch. Dist., 480 F. Supp.2d 610 (EDNY 2007)
New York State Division of Human Rights v. East Meadow Union Free School District,
Case No. 10115533 (3/10/2008)
http://www.dhr.state.ny.us/pdf/Commissioner’s%20Orders/nysdhr_v_easts_meadow_union_free_school_district.pdf

Tips of People with Service Animals or Pets
http://www.prepare.org/disabilities/animaltips.htm

Delta Society
http://www.deltasociety.org/Page.aspx?pid=183

Canine Companions for independence
http://www.cci/site/c.cdKGIRNqEmG/b.3978475/k.BED8/Home.htm

Guidelines for School Division Policy Regarding Service Dogs in Virginia’s Public Schools
http://www.doe.virginia.gov/VDOE/dueproc/service_dog_guidelines.pdf

Texas Statutes Human Resources Code
http://tlo2.tlc.state.tx.us/statutes/hr.toe.htm

Click here to go to About Ask the Expert.

Shana De Caro, Esq. is an officer of the American Association for Justice, Traumatic Brain Injury Litigation Group and serves on the Board of Trustees of the Civil Justice Foundation. She serves as editor of the New York State Academy of Trial Lawyers' monthly legal update. She has been a member of the Medical Malpractice Review Panels in New York State and is a former law secretary to a Justice of the Supreme Court, Kings County. She has served as a member of the Executive Committee-Chappaqua PTA Special Education Pre-K through 12th Grade. Ms. De Caro is a trial and appellate lawyer focusing her practice on representing victims of traumatic brain injury and other catastrophic injuries. She has been selected for inclusion in Who's Who of American Women and Who's Who in American Law. She has been named one of the top 100 trial lawyers in New York by the American Trial Lawyers Association and is an Elite Lawyer. Ms. De Caro can be reached at De Caro & Kaplen, LLP, 427 Bedford Road, Pleasantville, NY 10570; 914.747.4410 or toll-free at 1.866.BRAIN.LAW.

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