School policies on guide dogs may violate ADA

June 06--At least two East Tennessee counties have illegal Board of Education policies concerning the use of guide dogs, says an advocacy group for people who use service animals.

Since March, the Tennessee Association of Guide Dog Users, a division of the National Federation of the Blind, has been fighting policies in McMinn and Blount counties governing the use of service animals on school property by students and employees. The nonprofit said the policies discriminate and violate the Americans with Disabilities Act.

The McMinn policies, which date from 2011, were adapted from 2010 Blount policies. At issue is language that requires service animal users to get prior approval to use a service dog and provide yearly "proof of disability" and other documentation, including liability insurance.

Knoxvillian Katherine Moore, who has used a service dog for 12 years, said she was left "speechless" by the language, which she deemed "a clear violation of civil rights."

Kathryn Womack, president of TAGDU, said the organization contacted McMinn County Board of Education in March, after a community member brought the policies to their attention, but was rebuffed. Womack then contacted the Tennessee School Board Association, which told TAGDU it would consider concerns emailed to the association and would review the policies. But when TAGDU asked for an "open dialogue," Womack said, TSBA said talking to TAGDU about the policies "would be improper."

Under the law, a member of the public in any place open to the public can be asked only if the animal is a service dog and can be asked to leave only if it is not housebroken or is out of control. A public entity or private business cannot ask about the nature or extent of an individual's disability, or require documentation, such as proof that the animal has been certified, trained or licensed as a service animal, or require the animal to wear an identifying vest.

But school employees using service animals fall under Title I of the ADA, which requires employers to make "reasonable accommodations" for employees who have disabilities but does let them request information as long as it's not discriminatory.

Disability Law and Advocacy Center of Tennessee had not reviewed the specific policies but said what schools may ask students is still "unsettled." It said liability requirements are typically not enforceable.

The center has not received complaints from school employees or students in either county.

Amanda Vance, supervisor of special education for Blount County Schools, said Blount's policies are being reviewed by TSBA and a special education lawyer.

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