U.S. Attorneys Office, School District in Bay City Resolve ADA- Student's Use of Service Animal

[nitpicker]

https://www.justice.gov/usao-edmi/pr/us-attorney-s-office-obtains-settlement-school-district-bay-city-resolve-ada

Department of Justice
U.S. Attorney’s Office
Eastern District of Michigan

FOR IMMEDIATE RELEASE
Friday, February 24, 2017

U.S. Attorney’s Office Obtains Settlement with School District in Bay City to Resolve ADA Investigation Regarding Student's Use of Service Animal

The U.S. Attorney’s Office for the Eastern District of Michigan has reached a settlement with the Bangor Township School District in Bay City, Michigan, to resolve allegations that the school district violated the Americans with Disabilities Act by refusing to allow a student with disabilities to use his service dog in school, U.S. Attorney Barbara L. McQuade announced today.

The service dog at issue alerts to the student’s seizures, and mitigates symptoms of his disabilities. The complaint alleged that the school district inappropriately delayed its decision on the parent’s request for the service dog to accompany the student, instead making the parent spend months responding to requests for unnecessary information and documentation.

Title II of the ADA prohibits discrimination on the basis of disability in public schools. Under the ADA, public schools must generally modify policies, practices or procedures to permit the use of a service dog by a student with a disability at school and school-related activities. In addition, a public entity may make only two inquiries to determine whether a dog qualifies as a service animal: (1) whether the dog is required because of a disability, and (2) what work or task the dog has been trained to perform. A public entity shall not require documentation, such as proof that the dog has been certified, trained or licensed as a service animal. Nor shall a public entity ask or require an individual with a disability to pay a surcharge for using a service animal.
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Under the agreement, the school district will adopt an ADA-compliant service animal policy and provide training to staff and School Board Members on the school district’s obligations under Title II of the ADA, including requirements related to service dogs.
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