AR 6163.2: Animals At School
Reviewed: October 19, 2023
Use of Animals for Instructional Purposes
Before any student or employee brings an animal to school for an instructional purpose, he/she shall receive written permission from the principal or designee. The principal or designee shall give such permission only after he/she has provided written notification to all parents/guardians of students in the affected class, asking them to verify whether their child has any known allergies, asthma, or other health condition that may be aggravated by the animal's presence. When a parent/guardian has provided notification that his/her child has an allergy, asthma, or other health condition that may be aggravated by the animal, the principal shall take appropriate measures to protect the student from exposure to the animal.
All animals brought to school must be in good physical condition and must be appropriately immunized. The teacher shall ensure that the species of animal is appropriate for the instructional purpose and age and maturity of the students.
All animals brought to school shall be adequately fed, effectively controlled, humanely treated, and properly housed in cages or containers suitable for the species. The teacher shall ensure that cages and containers are cleaned regularly and that waste materials are removed and disposed of in an appropriate manner.
The teacher shall ensure that students receive instructions regarding the proper handling of and personal hygiene around animals.
Except for service animals, as defined below, all animals are prohibited on school transportation services. (Education Code 39839; 13 CCR 1216)
Use of Service Animals by Individuals with Disabilities
For an individual with a disability, service animal means any dog that is individually trained to do work or perform tasks related to the individual's disability and for his/her benefit. For example, for an individual who is blind or has low vision, a service animal would mean a dog that helps him/her with vision, navigation, and other tasks; for an individual who is deaf or hard of hearing, a service animal would mean a dog that alerts him/her to the presence of people or sounds; and for an individual with psychiatric or neurological disabilities, a service animal would mean a dog that assists him/her by preventing or interrupting impulsive or destructive behaviors. (28 CFR 35.104)
Individuals with disabilities may be accompanied on school premises and on school transportation by service animals, including specially trained guide dogs, signal dogs, or service dogs. (Education Code 39839; Civil Code 54.2; 28 CFR 35.136)
The Superintendent or designee may permit the use of a miniature horse as a service animal when the horse has been individually trained to do work or perform tasks for the benefit of an individual with a disability, provided that: (28 CFR 35.136)
The district's facility can accommodate the type, size, and weight of the horse.
The individual has sufficient control of the horse.
The horse is housebroken.
The horse's presence in the specific facility does not compromise legitimate safety requirements of the facility.
The Superintendent or designee may ask any individual with a disability to remove his/her service animal from school premises or transportation if the animal is out of control and the individual does not take effective action to control it or the animal is not housebroken. When an individual's service animal is excluded, he/she shall be given an opportunity to participate in the service, program, or activity without having the service animal present. (Education Code 39839; Civil Code 54.2; 28 CFR 35.136)
State Description
13 CCR 1216 Transportation of property
Civ. Code 54.1 Access to public places
Civ. Code 54.2 Guide, signal, or service dogs; right to accompany
Ed. Code 233.5 Teaching of principles
Ed. Code 39839 Transportation of guide dogs, signal dogs, service dogs
Ed. Code 51202 Instruction in personal and public health and safety
Ed. Code 51540 Humane treatment of animals
Gov. Code 810-996.6 Government Claims Act
Gov. Code 815 Liability for injuries generally; immunity of public entity
Gov. Code 835 Conditions of liability
Veh. Code 21113 Public grounds
Federal Description
20 USC 1400-1482 Individuals with Disabilities Education Act
28 CFR 35.104 Definitions, auxiliary aids and services
28 CFR 35.136 Service animals
29 USC 794 Rehabilitation Act of 1973; Section 504
Management Resources Description
Court Decision Sullivan v. Vallejo City USD, (1990) 731 F.Supp. 947
CSBA Publication Indoor Air Quality: Governing Board Actions for Creating Healthy School Environments, Policy Brief, July 2008 CSBA Publication
Asthma Management in the Schools, Policy Brief, March 2008
Federal Register Rules and Regulations, September 15, 2010, Vol. 75, Number 178, pages 56164-56236
Website CSBA District and County Office of Education Legal Services
Website Humane Society of the United States
Website American Society for the Prevention of Cruelty to Animals
Website CSBA
Website U.S. Department of Education, Office for Civil Rights
Cross References
Code
Description 0410
Nondiscrimination In District Programs And Activities 3320
Claims And Actions Against The District 3320
Claims And Actions Against The District 3514
Environmental Safety 3514
Environmental Safety 3530
Risk Management/Insurance 3530
Risk Management/Insurance 3541.2
Transportation For Students With Disabilities 5131.1
Bus Conduct 5131.1
Bus Conduct 5141
Health Care And Emergencies 5141
Health Care And Emergencies 5141.21
Administering Medication And Monitoring Health Conditions 5141.21
Administering Medication And Monitoring Health Conditions 5141.22
Infectious Diseases 5141.22
Infectious Diseases 5141.23
Asthma Management 5141.23
Asthma Management 5142
Safety 5142
Safety 6142.4
Service Learning/Community Service Classes 6159
Individualized Education Program 6159
Individualized Education Program 6164.4
Identification And Evaluation Of Individuals For Special Education 6164.4
Identification And Evaluation Of Individuals For Special Education 6164.6
Identification And Education Under Section 504 6164.6
Identification And Education Under Section 504