Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Provides for expedited appeal of school district’s decision to deny access to service animal.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning service animals in school districts and supplementing P.L.2011, c.156 (C.18A:46-13.2 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. In the event that a school district denies access for a student’s service animal in school buildings, including the classroom, and on school grounds or imposes any requirement for access for the service animal in addition to those authorized under subsections b. and c. of section 2 of P.L.2011, c.156 (C.18A:46-13.3), the student’s parent or guardian may file an appeal of the school district’s action with the Commissioner of Education. The commissioner shall render a decision on the appeal within 21 days of the filing and shall immediately notify the student’s parent or guardian and the school district of his determination. The student’s parent or guardian or the school district may appeal the commissioner’s decision to the Appellate Division of the Superior Court.
2. This act shall take effect immediately.
STATEMENT
In January of 2012, the Legislature enacted P.L.2011, c.156 (C.18A:46-13.2 et seq.) to authorize access for a student’s service animal in school buildings, including the classroom, and on school grounds. That law allows a school district to inquire as to whether the service animal is required due to a disability and what task or work the service animal has been trained to perform. A school district may require certification from a veterinarian that the service animal is properly vaccinated and does not have a contagious disease that may harm students or staff. The district may also require documentation that any license required by the municipality in which the student resides has been obtained for the service animal.
This bill provides for an expedited appeal to the Commissioner of Education in the event that a school district denies access for a student’s service animal or imposes any requirement for access in addition to those authorized under the law. The student’s parent or guardian may file an appeal of such an action and the commissioner will render a decision within 21 days of the filing. The intent of the law on service animals was to ensure that students who need this support have access to it within the classroom. A school district that imposes additional requirements on access for service animals is not acting in conformance with either the intent or letter of the law.