Can Schools Deny Service Dogs in California Public Places

In California, service dogs are protected under the Unruh Civil Rights Act, which prohibits businesses, including schools, from denying service to individuals with disabilities accompanied by a service dog.

Under California law, a service dog is defined as a dog that is individually trained to do work or perform tasks for a person with a disability.

Schools in California are required to allow service dogs in their public places, as long as the dog is under the control of its handler and is not a threat to the health and safety of others.

If a school denies service to a student with a service dog, the student or their parent may file a complaint with the California Department of Fair Employment and Housing.

Worth a look: Service Dogs in Schools

California laws regarding service animals and emotional support animals are quite specific. California law defines a service dog as a dog trained to help a specific individual with a disability with services such as fetching dropped items or pulling a wheelchair.

Check this out: Requirements for Service Dogs in California

Under California law, a service dog is limited to dogs, but the ADA allows miniature horses as service animals in some limited circumstances. California law also limits the definition of service animal to dogs that are individually trained to perform disability-related tasks for someone with a disability.

A psychiatric service dog is considered a service dog under California law, and is entitled to the same rights as someone with a physical disability who uses a service dog. Examples of work or tasks that a service dog can be trained to perform for someone with a mental disability include waking someone with clinical depression and coaxing them out of bed, responding to an owner's panic attack, and alerting a person exercising poor judgment due to bipolar disorder that they're driving dangerously.

California law defines an emotional support animal as a dog or other animal that isn't trained to perform specific acts directly related to an individual's disability. Instead, the animal's owner derives a sense of well-being, safety, or calm from the animal's companionship and presence.

Under California law, a mental disability includes any mental or psychological disorder or condition that limits a major life activity, such as intellectual disability, clinical depression, bipolar disorder, organic brain syndrome, emotional or mental illness, or specific learning disabilities. California doesn't consider compulsive gambling, kleptomania, or unlawful substance use disorders to be mental disabilities.

A fresh viewpoint: Are Emotional Support Animals Service Dogs

Here are some key points to remember about California laws and definitions:

Service dogs in public places are protected by law, ensuring individuals with disabilities have full and equal access to public areas. California law guarantees this access, making it a model for other states to follow.

The Americans with Disabilities Act (ADA) requires state and local government agencies, businesses, and non-profit organizations to make "reasonable modifications" in their policies when necessary to accommodate people with disabilities. This means entities with a "no pets" policy must modify it to allow service animals into their facilities.

According to the ADA, service animals are working animals, not pets. They are trained to perform specific tasks related to a person's disability, making them an essential tool for individuals with disabilities.

The ADA also states that allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. This means that if you're allergic to dog dander and someone with a service animal needs to be in the same room as you, you should be accommodated by being assigned to a different location.

Intriguing read: Service Animals

Here are some key points to remember about service dogs in public places:

Schools are required to modify their policies to permit the use of a Service Dog by a student with a disability, according to the Americans with Disabilities Act (ADA).

The ADA defines a service dog as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability.

Schools must comply with federal laws, including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA).

If a Service Dog is necessary for a child to receive a Free Appropriate Public Education (FAPE), it should be allowed in school, under the IDEA.

Here are some key policies and laws that govern Service Dogs in schools:

Note: Laws regarding Service Dogs in schools vary greatly by state and local jurisdiction, so it's essential to check your state regulations regarding Service Dogs.

Service dogs play a vital role in supporting individuals with disabilities, and schools must accommodate them to ensure equal access to education.

Schools can't deny service dogs entry based on allergies or fear of dogs. The DOJ recommends assigning individuals with allergies to different locations within the room or different rooms in the facility to accommodate both parties.

The law requires schools to make reasonable modifications to their policies and practices to accommodate service dogs. This includes providing water sources and suitable areas for rest.

Here are some key responsibilities of students with service dogs:

Schools may ask that the service animal be removed from the premises if the dog is out of control or not housebroken, but they must offer the student with the disability the opportunity to attend classes without the animal's presence.

A service dog is trained to perform specific tasks that help its handler with a disability. These tasks can be anything from fetching dropped items to pulling a wheelchair.

Recommended read: Tasks Service Dogs Perform

Examples of tasks that a service dog can be trained to perform include guiding people who are blind, alerting people who are deaf, reminding a person to take prescribed medication, and alerting and protecting a person who is having a seizure.

A service dog's tasks must be directly related to the handler's disability. The tasks must also be active, not passive. This means that the dog is doing something to help its handler, rather than just being present.

Here are some examples of tasks that a service dog can be trained to perform:

It's worth noting that a service dog's tasks do not include providing emotional support or comfort, which are not considered work or tasks under California law.

In California, emotional support animals (ESAs) are protected under the law, offering greater protection than federal law for people with disabilities. An ESA is a dog or other animal that provides companionship and comfort to its owner.

Under California law, a physical or mental impairment need only limit a major life activity, not substantially limit it, to be considered a disability. This means that even if an impairment doesn't completely prevent an activity, it can still be considered a disability.

California defines a mental disability broadly, including conditions such as intellectual disability, clinical depression, and bipolar disorder. These conditions can limit a major life activity, making them eligible for disability protections.

Here are some examples of mental disabilities recognized under California law:

California law doesn't consider compulsive gambling, kleptomania, or unlawful substance use disorders to be mental disabilities. This means that individuals with these conditions may not be eligible for ESA protections.

A student with a service dog has certain responsibilities to ensure the dog is well-behaved and safe in school.

The student is responsible for keeping the service dog clean and pest free.

In California, the student must also have a current dog license and a rabies vaccination certificate for dogs licensed in Orange County.

To prevent distractions, the student should keep the service dog on a harness or on a leash, unless unable to do so due to a disability, or if the use of a harness or leash would interfere with the dog's performance of work or tasks.

The student is also liable for any harm or injury caused by the animal to other students, staff, visitors, and/or property.

Here are the specific responsibilities outlined for students with service dogs: