Canines in the Classroom Revisited: Recent Developments Relating to Students' Utilization of Service Animals at Primary and Secondary Educational Institutions

47 Pages Posted: 28 Jul 2015 Last revised: 15 Aug 2017

See all articles by Rebecca J. Huss

Rebecca J. Huss

Valparaiso University Law School

Date Written: July 22, 2015

Abstract

In April 2010 the author presented an article on the topic of the use of service animals by juveniles in a specific environment — primary and secondary educational institutions at the Mid-Atlantic Regional Animal Law Symposium. Since that time there have been important legislative and case law developments in this field. This Article focuses on those recent developments. After setting forth a basic overview of the issue, the Article analyzes the amendments to the regulations of the Americans with Disabilities Act (“ADA”) relating to service animals that became effective in March 2011. The Article then considers recent case law and other indications of how agencies of the federal government interpret the issue. The Article continues by examining state laws enacted to allow for a right for students with disabilities to be accompanied by service animals in schools. The Article concludes by providing guidance for student advocates and school administrators dealing with this issue.

Keywords: Disability, Disabled, Disabilities, Education, School, Student, Service Animal, Service Dog, Americans with Disabilities Act, ADA, Individuals with Disabilities Education Act, IDEA

JEL Classification: K10, K19

Suggested Citation

Huss, Rebecca J., Canines in the Classroom Revisited: Recent Developments Relating to Students' Utilization of Service Animals at Primary and Secondary Educational Institutions (July 22, 2015). 9 Albany Gov't L.R. 1 (2016) . Available at SSRN: https://ssrn.com/abstract=2636377

Rebecca J. Huss (Contact Author)

Valparaiso University Law School ( email )

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