Assistance Animals In South Carolina
Title II of the Americans with Disabilities Act covers state and local governments. It prohibits these government agencies from discriminating against a person with a disability and requires that programs be made available to people with disabilities. As part of their duties, government agencies are required to allow trained Service Dogs (or trained miniature horse) in their facilities/programs. Generally, requirements about Service Dogs in public accommodations also apply to state and local governments. Governmental agencies are not required to allow Emotional Support Animals.
Government programs include government office buildings where the public transacts business like paying bills or applying for benefits, parks and recreation programs, and voting. Title II also covers educational facilities operated by state and local governments, including public schools and colleges.
Service Dogs at Beaches
Many beach communities and parks in South Carolina ban dogs on beaches during certain daytime hours. This is particularly true during the summer season. However, people with disabilities are allowed to use a Service Dog on a public beach at any time it is open to the public. They must follow the ADA rule (28 CFR 35.136d) that a Service Dog be under control on a harness, leash, or other tether at all times unless the handler’s disability prevents that. Otherwise, the beachgoer could be required to remove the dog or be issued a ticket for violating town/county law. A number of local government websites state when dogs are not allowed on the beach but fail to note that these rules do not apply to Service Dogs.
Service Dogs in Public Schools
Public schools are local government entities, so Title II of the ADA requires them to allow Service Dogs or a miniature horse. Service Dogs may be used by students or by their parents or other visitors. For example, if the parent has a disability and uses a Service Dog, the school would be required to allow the animal. This could be for a parent-teacher conference or other school-related activity.
The use of Service Dogs by students is a special area of law. School programs for students with disabilities are generally covered by the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. §§ 1400 and following and 34 CFR §§ 300.1 and following and Section 504 of the Rehabilitation Act of 1973 29 US Code § 794. and 34 CFR §§ 104 and following. Under these laws, parents and schools prepare a written Individual Educational Program (IEP) or a “504 Plan” covering the type of school services and supports needed by the child. If there is an agreement about having a Service Dog and what support the school will provide, it should be included in a student’s IEP or 504 Plan.
Neither the IDEA nor Section 504 specifically deal with using Service Dogs. Schools may claim that a Service Dog is unnecessary for educational purposes and that services a dog would provide are already offered by teachers or other staff. However, where a family and medical providers of a student with disabilities have determined that a Service Dog is appropriate, the right of the student to have a Service Dog in school should be recognized under the ADA. Using a Service Dog is likely to help the child in many situations and is not just an educational benefit. An essential part of having a Service Dog is developing a bond between the user and the dog. That process is interrupted if a student and Service Dog are separated during the school day.
There are practical aspects to having a Service Dog at school. The ADA and federal regulations about Service Dogs (28 CFR 35.136d) require that the dog be under the control of its handler. This can be using a leash or harness, or, as necessary, by voice or other type command. For students with disabilities, personally controlling a dog may not be feasible due to the severity of a student’s disability or young age. Courts have generally held that schools are not required to provide an aide or handler to perform this legal requirement. However, where the need for issuing commands or controlling the dog is only occasionally needed, courts have required the school to provide an aide to assist the student in controlling the dog. Otherwise, the parent would need to provide that assistance. In some cases, parents have come to school or paid an independent person; some districts may object to having non-school employees in the classroom.
Similarly, government entities like schools are not required to care for a student’s Service Dog (28 CFR 35.136e). Depending on the length of the school day, there may be an issue of providing food or water for the dog or letting it outdoors to relieve itself. Older students who are mobile or independently use wheelchairs would normally be able to perform these tasks. However, caring for the dog can be an issue for students with severe physical or intellectual disabilities or for a child who cannot safely go out independently. In some cases, a Service Dog can be trained not to have water/food during the day and not to need to relieve itself. Also, where a child can generally care for the dog or is making progress toward fully caring for the dog, a school may need to provide someone to assist or direct the student. Otherwise, the parent would need to provide someone to come in for animal care.