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SF 256

as introduced - 94th Legislature (2025 - 2026) Posted on 01/29/2025 04:31pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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3.1

A bill for an act
relating to education; allowing for service animal support in schools; proposing
coding for new law in Minnesota Statutes, chapter 125A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [125A.081] SERVICE ANIMAL SUPPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Student access to service animals. new text end

new text begin A school district is prohibited from
denying a student access to their service animal that is a related service to an individualized
education program under section 125A.08. A student has a right to make autonomous
decisions regarding supported access to their service animal in an educational setting.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 125A.08, the following
terms have the meanings given.
new text end

new text begin (b) "Related services" means services provided to a student with a disability beyond
special instruction that are appropriate to the student's needs. Related services may include
support for a student with a disability to access service animals. If a student with a disability
needs support to utilize their service animal due to the student's disability, the school district
must provide, on any written support plan for the student, staff support to access and utilize
the service animal as a related service.
new text end

new text begin (c) "Service animal" means a dog or other animal that has been trained to assist or perform
tasks for an individual with a disability.
new text end

new text begin Subd. 3. new text end

new text begin Service animals; practices and procedures. new text end

new text begin (a) A district must ensure that
its policies, practices, and procedures permit the use of a service animal by an individual
with a disability in accordance with Code of Federal Regulations, title 28, section 35.136.
new text end

new text begin (b) For a student who is assigned a paraprofessional to assist the student in the educational
setting and to ensure adaptive equipment and assistive technology are utilized as directed
by the student's unique and individualized needs, the paraprofessional must be responsible
to assist with maneuvers, including but not limited to helping with tethering and untethering
the service animal, assisting a student with getting water for a service animal and pouring
water into a bowl, prompting a student to occasionally issue commands to a service animal,
and escorting a student throughout the school or campus as the student uses their service
animal.
new text end

new text begin (c) School staff must work with the service animal trainer to ensure understanding of
the service animal, how the animal directly impacts the student, how to effectively handle
the service animal, and how to effectively complete permitted procedures.
new text end

new text begin (d) At any time, a student must be able to access or have support to access a service
animal activated by learned cues and the paraprofessional's training by the student, student's
family, and service animal trainer.
new text end

new text begin Subd. 4. new text end

new text begin Service animal under handler's control. new text end

new text begin (a) A service animal must be under
the control of its handler. A service animal must have a harness, leash, or other tether, unless
either the handler is unable because of a disability to use a harness, leash, or other tether,
or the use of a harness, leash, or other tether would interfere with the animal's safe, effective
performance of work or tasks, in which case the service animal must be otherwise under
the handler's control such as by voice control, signals, or other effective means.
new text end

new text begin (b) Except under exigent circumstances, a district must not untether a service animal
from a student with a disability without the consent of the student's parent or legal guardian,
or, if the student is an adult, consent of the adult student.
new text end

new text begin Subd. 5. new text end

new text begin Care or supervision. new text end

new text begin A district must not be responsible for the care or
supervision of a service animal, including but not limited to toileting, feeding, grooming,
and veterinary care of the animal.
new text end

new text begin Subd. 6. new text end

new text begin Handler. new text end

new text begin The handler of a service animal is presumed to be the individual with
a disability. A district must permit a student with a disability to serve as the handler of their
own service animal in school and must not require the student to provide a third-party
handler for the service animal.
new text end

new text begin Subd. 7. new text end

new text begin Modifications to policies, practices, and procedures. new text end

new text begin By August 1, 2025, a
district must modify its policies, practices, and procedures to permit the use of a service
animal by an individual with a disability in accordance with Title II of the federal Americans
with Disabilities Act and Code of Federal Regulations, title 28, section 35.136.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end