Assistance Animals - Service Animals
BLINN COLLEGE DISTRICT ADMINISTRATIVE REGULATIONS MANUAL
Effective Date: August 23, 2024
Board Policy Reference: FAB
Purpose
The Blinn College District (hereinafter referred to as the “College District”) is committed to providing support for students with disabilities and compliance with state and federal laws regarding individuals with disabilities, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Fair Housing Act.
This procedure establishes the protocol for the use of service animals on the College District campus. The procedure provides guidance and instructions to those who bring or come into contact with such animals on campus.
Definitions
- Approved Trainer
- An individual who is certified by a state organization whose primary mission is to train animals for the purpose of assisting individuals with disabilities.
- HUD
- U.S. Department of Housing and Urban Development
- Emotional Support Animal (ESA)
- One type of assistance animal. Any animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability, as defined by the Americans with Disabilities Act (ADA).
- Fair Housing Act (FHA)
- An Act that protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. The FHA prohibits discrimination in housing because of race, color, national origin, religion, sex, familial status, and/or disability. Campus housing on a public institution is subject to the FHA.
- Handler
- The person with a disability who is using a service animal as defined under the ADAAA.
- Individual with a Disability
- As defined under the ADA, a person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.
- Owner
- The individual who has requested the accommodation and has received approval to bring an emotional support animal into College District housing.
- Public Facility
- Includes any place such as a street, highway, sidewalk, common carrier, public building, place of lodging, retail business, restaurant, or other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly invited.
- Service Animal
- One type of assistance animal. A dog that is individually trained to do work or perform tasks for a person with a disability. Examples include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, and alerting/protecting a person who is having a seizure. The provision of emotional support does not constitute work or tasks for the purpose of defining a service animal. Under certain circumstances, miniature horses may also be trained and permitted as service animals.
- Service Animal in Training
- A dog undergoing training by a trainer and/or their Handlers. Under certain circumstances, a miniature horse may also be trained as a service animal. Individuals with Service Animals in Training have the same rights and responsibilities as Service Animals.
- Task
- A specific action that a dog is trained to do when needed to assist the person with a disability (e.g., alerting to the onset of a seizure).
Policy Overview
Generally, animals and pets are not allowed in College District facilities or on College District grounds. Some individuals with disabilities use assistance animals, which include two types: (1) service animals and (2) Emotional Support Animals (ESA). Separate rules and procedures apply to these categories.
For service animals, the following applies:
- Handlers may be accompanied by their service animals in all College District buildings where members of the public are allowed.
- Emotional Support Animals (ESAs) are only allowed in a student’s personal residence, not all campus buildings.
Federal regulations do not require a Handler to provide documented proof of training or documentation of their disability to enter a building open to the public. College District employees may only ask:
- Do you have the service animal because of a disability?
- What work or task is the service animal trained to do?
No further questions or demonstration of training is required. If it is apparent the animal is assisting with a disability, these questions should not be asked. Service animals are not required to wear any specific identification.
If the animal is not a trained service animal, it should be removed from the premises.
Responsibilities of Individuals With Service Animals
- Handlers are responsible for the control, care, and supervision of their service animals at all times, complying with all applicable laws including vaccination and licensure.
- Animals must wear collars and tags at all times and be under control, harnessed, leashed, or tethered unless the Handler’s disability or the animal's task requires otherwise. In such cases, control must be maintained through voice, signal, or other effective controls.
- Animals must be in good health and not be ill or contagious. Handlers are responsible for all animal care expenses.
- Handlers bear all liability for the actions of their service animal. The College District may charge for damages caused by a service animal as it would for damages caused by others.
- Handlers must clean up animal waste immediately. Arrangements should be made if the Handler has a disability that prevents this.
- Service animals cannot be left unattended. Unattended animals may be reported and impounded.
- Faculty and staff cannot prevent service animals from entering campus buildings. If there is an allergy conflict, the Office of Disability Services (ODS) will evaluate accommodation needs.
Removal of Service Animals from College District Premises
A Handler may be required to remove a service animal if:
- The animal is out of control and the Handler does not take effective action to control it.
- If improper behavior happens repeatedly, the Handler may be prohibited from bringing the animal until the behavior is mitigated.
- The animal's presence creates an unmanageable disturbance or interference.
- The service animal is not housebroken.
- The Handler does not comply with regulations.
- Admitting the animal would fundamentally alter the nature of a service or program.
- The animal poses a direct threat to others' health or safety.
- The animal would cause substantial property damage that cannot be reasonably accommodated.
Restricted areas include certain health and safety zones such as custodial closets, labs with hazardous materials, and sterile environments. The College District must offer the Handler the opportunity to participate without the animal if removal is necessary. Decisions to remove a service animal are specific to the behavior of the animal and the Office of Disability Services will be consulted.
Service Animals in Blinn College District Housing
- Accommodation requests for service animals must be submitted to the Office of Disability Services on a confidential basis.
- Handlers must complete a form providing animal and emergency contact information, and submit veterinary documentation of vaccinations and health within 12 months.
- Roommate Acknowledgement, if applicable, is required each semester.
- If documentation is insufficient, the College District is not required to grant the accommodation and will notify the student for more information.
- Requests and documentation must be updated annually.
- The needs and accommodations of all affected students will be considered on a case-by-case basis by the Office of Disability Services.
- No service animal deposit or fee will be charged.
- Handlers must follow flea and tick prevention and will be subject to inspection if infestation is suspected; extermination costs are the Handler's responsibility.
- Handlers must provide an emergency contact; in an emergency without a contact, the College District will board the animal at the Handler's expense.
- Service animals may not be left overnight in housing with anyone except the Handler, and must not be left if the Handler is absent overnight.
- The Handler must promptly notify campus police and residence life staff if the animal escapes or cannot be found within one hour.
Removal of Service Animals from College District Housing
A request to reside with a service animal in a residence hall may be denied or an animal may be removed if:
- The animal is out of control and the Handler does not take effective action to control it.
- If repeated, the Handler may be prohibited until behavior is mitigated.
- The animal or its presence creates an unmanageable disturbance or interference.
- The animal is not housebroken.
- The Handler does not comply with responsibilities in these regulations.
- Admitting the animal would fundamentally alter a service or program.
- The animal poses a direct threat to health or safety.
- The animal would cause substantial property damage that cannot be reasonably accommodated.
The decision is based on the behavior of the specific animal, not on speculation. All removals are in consultation with ODS. If immediate removal is necessary, the Handler is given 24 hours' written notice and afforded appeal rights as outlined in the ODS process. Otherwise, an action plan by the Handler may be requested; failure to comply may result in further action and potential disciplinary measures, including housing contract cancellation.
Should the animal be removed for any reason, the Handler is expected to fulfill the remainder of their housing contract obligations.
Penalties for Violating Service Animal Laws
- Representing an untrained animal as a trained service animal is a misdemeanor punishable by a fine of not more than $300 and 30 hours of community service.
- Denying entry or service to a person with a disability who uses a service animal is a misdemeanor punishable by a fine of not more than $300 and 30 hours of community service.
Service Animals in Training
- Texas law allows service animals in training to access public areas if accompanied by an approved trainer. The ADA does not recognize service animals in training and defers to state law.
- An approved trainer is certified by an organization whose primary mission is to train service animals for people with disabilities. Non-trainer students must be accompanied by an approved trainer in campus buildings.
- Service animals in training must meet all behavioral standards required of trained service animals and must be under the owner’s control, not pose threats or cause damage, be at least one year old, be housebroken, be tethered unless the leash interferes with the task performed, and meet all local health and vaccination requirements.