Service Animals in Schools FAQ

Many people with disabilities use a service animal in order to fully participate in everyday life. State and federal laws govern whether and when an individual has a right to use a service animal in the educational setting. This FAQ is intended to provide a brief overview of this area of the law. It is for informational purposes only and does not constitute legal advice. Specific questions should be referred to the school district’s legal counsel.

Q1: What is a service animal?

A: The Americans with Disabilities Act (ADA) and Colorado state laws and regulations define a service animal as a dog that has been individually trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or task(s) performed by the dog must be directly related to the person’s disability. 28 C.F.R. §§ 35.104 & 35.136(i); C.R.S. §§ 18-13-107.3 & 107.7.

Q2: What type of animals can be considered service animals?

A: Strictly speaking, only a trained dog meets the definition of a service animal under the ADA. 28 C.F.R. § 35.104. However, a newer provision of the statute also requires public entities, including school districts, to accommodate individuals who use miniature horses to assist with a disability. 28 C.F.R. § 35.136(i). As with a dog, a miniature horse must be individually trained to do work or perform tasks for the benefit of the individual with a disability to be considered a service animal. 28 C.F.R. § 35.136(i)(1). 

Four assessment factors must be considered when determining whether a miniature horse may be given access to a facility (28 C.F.R. §§ 35.136(i)(2)(i)-(iv)):

1. The type, size, and weight of the miniature horse and whether the facility can accommodate these features;
2. Whether the handler has sufficient control of the miniature horse;
3. Whether the miniature horse is housebroken; and
4. Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

Q3: What does "do work or perform tasks" mean?

A: The function of a service animal is to take a specific action when needed to assist the individual with a disability. The work or tasks performed must be directly related to the individual’s disability and the animal must be “individually trained” to accomplish these actions. 28 C.F.R. § 35.104.

Examples of work or tasks to be performed by a service animal may include:

• Alerting individuals with diabetes when their blood sugar reaches high or low levels;
• Detecting the onset of a seizure and helping individuals who have epilepsy remain safe during the seizure;
• Supporting individuals that are blind or have severe sight impairment as guide dogs or “seeing-eye dogs”;
• Assisting mobility-impaired individuals with balance and interacting with their surroundings; or
• Warning deaf or individuals with hearing impairment of sounds.

Q4: Do service animals have to be professionally trained or certified?

A: No. Individuals with disabilities are not required to use a professional service animal training program and districts may not require documentation from a person with a service animal, including proof of certification, training, or licensure. 28 C.F.R. § 35.136(f). People with disabilities have the right to train their service animal themselves or direct the service animal’s training. The only requirement is that the service animal is individually trained to do work or perform tasks for the benefit of the individual with a disability. 28 C.F.R. § 35.104.

Q5: Do service animals have to wear a vest or anything identifying them as service animals?

A: No, the ADA does not require service animals to wear a vest, ID tag, or specific harness for identification purposes. However, a service animal must have a harness, leash, or other tether, unless the handler is unable to use any of these because of a disability or if any of these objects would interfere with the service animal’s safe, effective performance of work or tasks. 28 C.F.R. § 35.136(d).

Vests, harnesses, and other items that denote that an animal is a service or emotional animal are widely available for purchase and are not official. An animal wearing these items might not be a service animal. If in doubt, the district may ask the two permissible questions to determine whether an animal qualifies as a service animal: (1) whether the animal is required because of a disability; and (2) what work or task the animal has been trained to perform. 28 C.F.R. § 35.136(f).

Q6: Who is responsible for the care and supervision of a service animal at school?

A: A district is not obligated to supervise or otherwise care for a service animal. 28 C.F.R. § 35.136(e). Service animals are working animals, not pets, and as such they should not be pet, fed, or instructed to perform tasks by individuals other than their handler. The handler (usually the individual with a disability) is responsible for caring for and supervising the service animal, which includes toileting, feeding, grooming, and veterinary care. U.S. Department of Justice, Civil Rights Division, Frequently Asked Questions about Service Animals and the ADA (July 2015).

The service animal must be under the control of the handler at all times and the service animal must typically be harnessed, leashed, or tethered while in public places. If the handler is unable to use a harness, leash, or other tether due to a disability or because the use of these items would interfere with the service animal’s work, the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). 28 C.F.R. § 35.136(d).

The service animal also must be vaccinated, registered, or licensed in accordance with local animal control or county requirements. C.R.S. § 30-15-101 (authorizing any county to adopt a resolution for the control and licensing of dogs, including requiring licensing of dogs and proof of a valid rabies vaccination certificate).

Q7: What if a student is not able to keep their service animal under control? Is the district obligated to provide assistance in handling a service animal? 

A: Generally, no. A service animal must be under the control of its handler and a district is not responsible for the care or supervision of a service animal. 28 C.F.R. §§ 35.136(d), (e). However, a district may be required to assist or monitor a student in using their service animal if it is determined that the service animal is necessary for a student with a disability to receive a free appropriate public education (FAPE). Alboniga ex rel. A.M. v. Sch. Bd. of Broward Cnty., Florida, 87 F. Supp. 3d 1319 (S.D. Fla. 2015).

For example, in the Alboniga case, a Florida court found that requiring a school district to assist or monitor a student in using his service animal was a reasonable accommodation. In this case, the court found that requiring the school district to provide a staff member to help the service animal urinate was a reasonable accommodation. The court determined that, despite the student’s severe disabilities, the student could serve as the handler because the service animal was tethered to his wheelchair, and that having a staff member help the service animal urinate was akin to “assist[ing] a non-disabled child to use the restroom, assist[ing] a diabetic child with her insulin pump, assist[ing] a physically disabled child employ her motorized wheelchair, or assist[ing] a visually disabled child deploy her white cane, or assist[ing] that same child with her seeing-eye dog.” Id. at 1344.

A New York case similarly suggests that if a student can otherwise handle and control their service animal but need minimal assistance in doing so-such as helping untether a service animal from the student’s wheelchair—it may be a reasonable accommodation for the district to provide such assistance. United States v. Gates-Chili Cent. Sch. Dist., 198 F. Supp. 3d 228, 235 (W.D.N.Y. 2016). Additionally, a New Hampshire court reasoned that a school district could be required to provide a handler for a student if necessary to provide the student with a FAPE and if doing so fell within “related services” that are required under the IDEA. A.R. v. Sch. Adm. Unit #23, Case No. 15-cv-152-SM, 2017 WL 4621587 (D.N.H. Nov. 16, 2017).

Q8: What questions can district employees ask about a service animal?

A: A district is legally allowed to ask only two questions to determine whether an animal qualifies as a service animal: (1) whether the animal is required because of a disability; and (2) what work or task the animal has been trained to perform. 28 C.F.R. § 35.136(f).

A district may not ask about the nature or extent of an individual’s disability, and may not ask the above-mentioned questions 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). 28 C.F.R. § 35.136(f). Since not all disabilities are visible, a district is permitted to ask the two questions when the animal’s function is not obvious.

Q9: What access must a district provide to an individual with a service animal?

A: An individual with a service animal must be allowed to access all areas of a district’s facilities where members of the public or participants in services, programs, or activities are allowed to go. 28 C.F.R. § 35.136(g). State law also provides that a qualified individual with a disability has the right to be accompanied by a service animal individually trained for that individual without being required to pay an extra charge for the service animal in any programs, services, or activities conducted by a public entity or any other place open to the public. C.R.S. §§ 24-34-803(1)(b), (d). Service animals must be allowed on district vehicles as well as other facilities.

Q10: Can a district deny access to a service animal?

A: Under certain circumstances, yes. A district may ask an individual to remove a service animal from district property under two circumstances: (1) if the animal is out of control and the animal’s handler does not take effective action to control it; or (2) if the animal is not housebroken. 28 C.F.R. § 35.136(b).

The ADA does not overrule legitimate safety requirements and does not require a district to accommodate an individual when he or she poses a direct threat to the health or safety of others. However, the determination that an animal poses a threat should be made based on an individualized assessment relying on current medical knowledge or the best available objective evidence. A service animal should not be excluded based on assumptions about the animal’s size or breed but on observable evidence and verified medical concerns (e.g., the animal is foaming at the mouth, indicating it may have rabies). 28 C.F.R. § 36.208(b); U.S. Department of Justice, Civil Rights Division, Frequently Asked Questions about Service Animals and the ADA (July 2015).

Districts should also keep in mind that while some jurisdictions in Colorado may have breed restrictions, particularly banning pit bulls, pit bulls are exempted from breed restrictive bans if they are service animals. Id.

Q11: What if other people are allergic to the service animal?

A: Allergies or fear of dogs are not valid reasons for denying access or refusing service to people using service animals. The U.S. Department of Justice suggests that when a person who is allergic to dog dander and an individual who uses a service animal must spend time in the same room or facility, such as in a classroom, a district should accommodate both individuals by assigning them, if possible, to different locations within the room or different rooms in the facility. The Department also suggests that service animals could be restricted from areas that are reserved specifically for students or staff with allergies to dog dander. U.S. Department of Justice, Civil Rights Division, 2010 ADA Guidance; U.S. Department of Justice, Civil Rights Division, Frequently Asked Questions about Service Animals and the ADA (July 2015).

Educators and administrators must take care to balance and accommodate the needs of both the
individual with a service animal and the person who is allergic to the service animal. The district
should attempt to find a solution that does not “penalize” either party.

Q12: What about emotional support animals?

A: Emotional support, therapy, comfort, assistance, or companion animals are not considered service animals under the ADA. These terms are used to describe animals (not limited to dogs or miniature horses) that provide comfort just by being with a person. While these animals may increase an individual’s sense of well-being, they have not been trained to perform a specific job or task and, accordingly, do not qualify as service animals under the ADA. However, it may be difficult to distinguish between a service animal and an emotional support animal.

Just as an individual’s disability may not always be visible, the work or tasks that an animal is trained to perform may not be obvious. Among other tasks, dogs may be trained to:

• Alert individuals with diabetes when their blood sugar reaches high or low levels;
• Detect the onset of a seizure and helping individuals who have epilepsy remain safe during the seizure;
• Aiding an individual who has hearing loss; or
• Prevent compulsive or destructive behaviors for individuals with behavioral disorders.

When in doubt, ask the two permitted questions: (1) whether the animal is required because of a disability; and (2) what work or task the animal has been trained to perform. 28 C.F.R. § 35.136(f). If the animal has not been individually trained to do work or perform tasks for an individual with a disability, then the animal does not qualify as a service animal.

In making a determination, a district will need to consider who is making the request. A student may be covered by the ADA, Section 504, and the IDEA. When a student has a service or emotional support animal, a district must consider whether the animal is necessary to provide a student a FAPE. See 20 U.S.C. § 1401(9); 34 C.F.R. § 300.17 (generally defining FAPE under IDEA as special education and related services provided at public expense in accordance with a student’s IEP); see also 34 C.F.R. § 104.33(a) (requiring a recipient of federal funds that operates a public education program to provide a FAPE to each qualified person with a disability in the entity’s jurisdiction, regardless of the nature or severity of the person’s disability). In addressing the request of a student with a disability to bring an animal to school, districts should consult with legal counsel.

To determine whether a staff member is entitled to bring a service or an emotional support animal to school, a district must consider whether doing so is a reasonable accommodation under Title I the ADA. 42 U.S.C. §§ 12101-12117. This means treating the staff member as any other employee requesting an accommodation for a disability, including holding an interactive meeting, discussing possible accommodations and alternatives with the staff member, and determining whether any accommodations are reasonable without imposing an undue burden on the school. See EEOC, Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act.

A member of the public who is an individual with a disability is entitled to access a district’s facilities with a service animal. 28 C.F.R. § 35.136(a). Emotional support animals are not included in the definition of a service animal, so a district is not required to allow an emotional support animal access to district facilities.

Conclusion

Service animals in schools can benefit individuals with disabilities, but also present challenges as districts navigate these complex issues and strike a balance for all community members. Districts should have clear policies and procedures addressing service and emotional support animals in district facilities and are strongly encouraged to consult with legal counsel when dealing with specific requests.

Updated: February 2021

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