Peacocks attempting to board airplanes and longhorns on leashes barging into pet stores make for interesting news stories and plenty of comedy fodder. But these outrageous animal stunts serve as a hindrance to people who depend on service animals to function in their daily lives. Around 500,000 service animals assist people with disabilities—from providing navigation to the blind to serving as glucose meters for diabetics—throughout America, including many animals serving students.
Until recently, parents may have been unaware of their disabled child’s right to bring a service animal to school. In fact, some schools have actively discouraged this assistance. A 2017 Supreme Court case brought national attention to the issue when Ehlena Fry, a Michigan student with cerebral palsy, sued for damages for the emotional distress she suffered when her elementary school did not allow her service dog. In Fry v. Napoleon Community Schools, the Supreme Court held that a student pursuing an Americans with Disabilities Act (ADA) claim not related to a denial of a Free Appropriate Public Education (FAPE) is not required to exhaust the administrative remedies spelled out in the Individuals with Disabilities Education Act (IDEA).
Administrators may be concerned with the repercussions of this ruling—will schools turn into noisy barnyards as throngs of animals come in to support children? Can a student with a disability bring any animal to school now—will snakes and peacocks be roaming the halls? And what qualifies as a disability in need of a service animal?
Emotional Support Animal or Service Animal?
Part of the confusion comes from the designation of “emotional support animal” or “service animal.” Neither type of animal is a pet, while both provide some form of assistance to people. However, the two types of animals perform different levels of support and the latter receives heightened legal protection. Emotional support animals can provide very real comfort to people suffering from anxiety or other emotional distress, but these animals are not protected under the ADA. That means that public entities are not legally bound under the ADA to allow emotional support animals entrance.
Emotional support animals are not usually allowed to accompany students in school. However, students eligible for special education services under IDEA or Section 504 of the Rehabilitation Act may use an emotional support animal that does not meet the ADA definition of a service animal if such an accommodation is included in the Individual Education Program (IEP) or 504 Plan. In other words, if the emotional support animal is necessary for the student to receive a FAPE, then the animal should be allowed to accompany the student to school, regardless of its designation as an ADA-classified service animal.
On the other hand, service animals are usually free to accompany their handler in public places. Service animals include “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.” Public schools are required to admit ADA-compliant service animals to most school functions. Under the ADA, a student with a disability who uses a service animal for specific assistance is allowed to have the animal at school, regardless of whether such accommodation is mentioned in the student’s IEP or Section 504 plan.
Most service dogs used in schools assist visually impaired or deaf students. However, as noted above, psychiatric service is included in services that these dogs can provide. In fact, psychiatric uses are the fourth most common usage of service dogs in North America. According to researchers at the Southwest ADA Center, who addressed the topic in a paper titled “Service Animals and Emotional Support Animals: Where are They Allowed and Under What Conditions?” in this evolving area of service animal use, psychiatric service dogs are used for tasks such as “reminding the handler to take medicine, providing safety checks or room searches, or turning on lights for persons with Post Traumatic Stress Disorder, interrupting self-mutilation by persons with dissociative identity disorders, and keeping disoriented individuals from danger.” A study published in Frontiers in Veterinary Science found an increasing number of dogs used by families with an autistic child in all regions around the world.
In addition to dogs, the ADA labels miniature horses as service animal candidates. Miniature horses are subject to use depending on their type, size, and weight being accommodated by the school. The handler has to have sufficient control of the miniature horse, the horse must be housebroken, and the horse’s presence must not compromise legitimate safety requirements in a specific facility. Some school districts have explicitly approved miniature horses as service animals, but it remains in question if districts in general will welcome miniature horses when ADA requirements give them some wiggle room on the issue.
What if the animal bothers other students?
A student’s right to their service dog does not change upon the comfort of others. Other students or school employees who have allergies or fear of dogs may not serve as excuse to deny the service animal access to the school. Instead, schools should make reasonable accommodations for both individuals, separating students with pet allergies from rooms in which service animals are present.
However, service animals are constrained by ADA behavioral guidelines. A service animal must be under the control of its handler by harness, tether, or leash, unless the handler’s disability prevents them from using these devices. An aggressive or uncontrolled service animal may be excluded from the school. Technically, the school is not required to care for or supervise the service animal. The handler is required to care for the service animal, including toileting, feeding, grooming and veterinary care. However, a school may need to provide a disabled student assistance in caring for their service dog.
It is understandable that schools hesitate to welcome service animals. An animal’s presence introduces novelty to a classroom environment and requires additional effort from student and staff. However, expending additional effort to educate students with disabilities is not a matter of choice—it is mandated by federal law. Schools seeking to build respectful, inclusive environments should be eager to comply with ADA requirements and welcome four-legged assistants to their classrooms.
Jennifer Babisak is a law student at Loyola University Chicago and wrote this blog post as part of the Education Law Practicum.
