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Best Practices: ADA definition of service animal changes

Recent changes to Title II of the Americans with Disabilities Act (ADA) revised the legal definition of a service animal. Now, only dogs that have been individually trained to do work or perform tasks for the benefit of an individual with a disability are considered service animals. Other species of animals are not service animals under Title II. 

Dogs that are not trained to perform tasks that mitigate the effects of a disability, i.e., dogs used for emotional support, are not service animals. The work or tasks the dog performs must be directly related to the handler’s disabilities; providing comfort or companionship are not recognized tasks.

Oregon law still defines “assistance animal” as any animal trained to assist a person with a physical impairment in one or more daily life activities.

Other factors may determine whether an assistance animal must be allowed in a school or classroom. If the animal is necessary to provide a student a free and appropriate education (FAPE) under IDEA or Section 504, it must be allowed. The individual education plan (IEP) or Section 504 team should make this decision in accordance with law. Consulting legal counsel before adding a service animal to an IEP or 504 plan is highly recommended. 

For more information on service animals in schools, PACE attorneys have prepared a series of questions and answers. For legal assistance, contact Tom Lenox, tlenox@osba.org, PACE pre-loss attorney.