3Tex. Hum. Res. Code § 121.002(1).
428 C. F.R. § 35.136(f).
5See HB 489, 83rd Leg., R.S., §§ 2, 3, amending Tex.
Hum. Res. Code §§121.002(1), .003(i).
6Hillsboro (OR) Sch. Dist. 1J, 59 IDELR 82 (OCR 2012).
728 C. F.R. § 35.136(f); Tex. Hum. Res. Code § 121.003(l).
828 C. F.R. § 35.136(b).
9Tex. Hum. Res. Code § 121.003(c), (e), (i).
1028 C. F.R. § 35.136(i).
1128 C. F.R. § 35.136(i).
1228 C. F.R. § 35.136(b).
1328 C. F.R. § 35.139; see Rose v. Springfield-Greene
County Health Dept., 668 F. Supp. 2d 1206 ( W.D. Mo.
2009) (holding that monkey was not a service animal
and Health Department conducted an individualized
assessment to determine that it posed a health and
1428 C. F.R. § 36.208(c); see also Pena v. Bexar County,
726 F. Supp. 2d 675, (discussing application of Title III
regulations to a public entity’s duty to accommodate
individuals with service animals under Title II.)
15Tex. Hum. Res. Code § 121.002, .003(j).
1628 C. F.R. § 35.136(e).
1728 C. F.R. § 35.136(d); Tex. Hum. Res. Code § 121.005.
1828 C. F.R. § 35.136(d).
1928 C. F.R. § 35.136(h).
20See 28 C. F. R. § 35.136(d).
21Alboniga ex rel. A. M. v. Sch. Bd. of Broward Cnty.,
Florida, 87 F. Supp. 3d 1319 (S. D. Fla. 2015).
22Riley v. Sch. Admin. Unit #23, Civil No. 15-cv-152-SM,
2016 WL 183525 (D.C. N. H. Jan. 14, 2016).
23In this article, the terms “comfort animal” and “
emotional support animal” mean the same thing (i.e., not a
2428 C. F.R. § 35.104.
2528 C. F.R. § 35.104; see e.g. K. D. v. Villa Grove Comm.
Unit Sch. Dist. No. 302 Bd. of Educ., 936 N. E. 2d 690
(Ill. App. 2010) (affirming under state law that dog was
service animal individually trained to perform tasks for
benefit of autistic elementary school student, including
preventing student from running away, calming during
temper tantrums and promoting individual mobility.)
26See Fed. Reg., Vol. 75, No. 178 at 56166 (Sept. 15,
2010) (citing Overlook Mutual Homes, Inc. v. Spencer,
666 F. Supp. 2d 850 (S. D. Ohio 2009) for the proposition that “emotional support animals that do not
qualify as service animals under the Department’s title
II regulations may nevertheless qualify as permitted
reasonable accommodations for persons with disabilities” under the Fair Housing Act and the Air Carriers
27See 20 U.S.C. § 1401( 9); 34 C. F. R. § 300.17 (
generally defining FAPE under IDEA as special education
and related services provided at public expense in
accordance with a student’s IEP); also see 34 C. F. R. §
104.33(a) (requiring a recipient of federal funds that
operates a public education program to provide a FAPE
to each qualified person with a disability in the entity’s
jurisdiction, regardless of the nature or severity of the
28Bakersfield (CA) City Sch. Dist., 50 IDELR 169 (OCR
29Pettus ex rel. K.P. v. Conway Sch. Dist., CASE NO.
4:18-CV—00872 BSM, 2019 WL 1109685 (E.D. Ark.
Jan. 2, 2019).
30See Doe v. U.S. Sec’y of Transp., 17-CV-7868 (CS),
2018 WL 6411277 (S.D. N. Y. Dec. 4, 2018) (finding no
duty to provide a dog-free school for student with
31See U.S. Department of Justice, Civil Rights Division,
2010 ADA Guidance at www.ada.gov/service_ani-
32Marx, Patricia, “Pets Allowed,” The New Yorker (Oct.
Sarah Orman is a TASB Legal Services lead
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