1.1 A bill for an act
1.2 relating to education;
allowing for service animal support in schools;proposing
1.3 coding for new law in
Minnesota Statutes, chapter 125A.
1.4 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [125A.081]
SERVICE ANIMAL SUPPORT.
1.6 Subdivision
1.Student access to service animals. A school district is
prohibited from
1.7 denying a student
access to their service animal that is a related service to an individualized
1.8 education program under
section 125A.08. A student has a right to make autonomous
1.9 decisions regarding
supported access to their service animal in an educational setting.
1.10 Subd. 2.Definitions.
(a) For purposes of this section and section 125A.08, the following
1.11 terms have the meanings
given.
1.12 (b) "Related
services" means services provided to a student with a disability beyond
1.13 special instruction that
are appropriate to the student's needs. Related services may include
1.14 support for a student with
a disability to access service animals. If a student with a disability
1.15 needs support to utilize
their service animal due to the student's disability, the school district
1.16 must provide, on any
written support plan for the student, staff support to access and utilize
1.17 the service animal as a
related service.
1.18 (c) "Service
animal" means a dog or other animal that has been trained to assist or
perform
1.19 tasks for an individual
with a disability.
1.20 Subd. 3.Service
animals; practices and procedures. (a) A district must ensure that
1.21 its policies, practices,
and procedures permit the use of a service animal by an individual
1.22 with a disability in
accordance with Code of Federal Regulations, title 28, section 35.136.
2.1 (b) For a student who
is assigned a paraprofessional to assist the student in the educational
2.2 setting and to ensure
adaptive equipment and assistive technology are utilized as directed
2.3 by the student's
unique and individualized needs, the paraprofessional must be responsible
2.4 to assist with
maneuvers, including but not limited to helping with tethering and untethering
2.5 the service animal,
assisting a student with getting water for a service animal and pouring
2.6 water into a bowl,
prompting a student to occasionally issue commands to a service animal,
2.7 and escorting a
student throughout the school or campus as the student uses their service
2.8 animal.
2.9 (c) School staff must
work with the service animal trainer to ensure understanding of
2.10 the service animal, how
the animal directly impacts the student, how to effectively handle
2.11 the service animal, and
how to effectively complete permitted procedures.
2.12 (d) At any time, a
student must be able to access or have support to access a service
2.13 animal activated by
learned cues and the paraprofessional's training by the student, student's
2.14 family, and service
animal trainer.
2.15 Subd. 4.Service
animal under handler's control. (a) A service animal must be under
2.16 the control of its
handler. A service animal must have a
harness, leash, or other tether, unless
2.17 either the handler is
unable because of a disability to use a harness, leash, or other tether,
2.18 or the use of a harness,
leash, or other tether would interfere with the animal's safe, effective
2.19 performance of work or
tasks, in which case the service animal must be otherwise under
2.20 the handler's control
such as by voice control, signals, or other effective means.
2.21 (b) Except under exigent
circumstances, a district must not untether a service animal
2.22 from a student with a
disability without the consent of the student's parent or legal guardian,
2.23 or, if the student is an
adult, consent of the adult student.
2.24 Subd. 5.Care
or supervision. A district must not be responsible for the care or
2.25 supervision of a service
animal, including but not limited to toileting, feeding, grooming,
2.26 and veterinary care of
the animal.
2.27 Subd. 6.Handler.
The handler of a service animal is presumed to be the individual with
2.28 a disability. A district
must permit a student with a disability to serve as the handler of their
2.29 own service animal in
school and must not require the student to provide a third-party
2.30 handler for the service
animal.
2.31 Subd. 7.Modifications
to policies, practices, and procedures. By August 1, 2025, a
2.32 district must modify its
policies, practices, and procedures to permit the use of a service
2.33 animal by an individual
with a disability in accordance with Title II of the federal Americans
2.34 with Disabilities Act
and Code of Federal Regulations, title 28, section 35.136.
3.1 EFFECTIVE DATE.
This section is effective the day following final enactment.
