Overview
Weatherford College is committed to compliance with state and federal laws regarding individuals with disabilities, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Fair Housing Act. All questions regarding service animals should be directed to Disability Services, 817-598-6350, or email accommodations@wc.edu.
Service Animals
Defined in Title II Section 35.104 under the Americans with Disabilities Act (ADA) as a dog that is trained to do work or perform tasks for the benefit of an individual with a disability including a physical, sensory, psychiatric, intellectual, or other mental disability. Service animals are allowed in public places because of the owner’s need for the animal at all times.
Examples include, but are not limited to:
- Guiding people who are blind or have low vision
- Alerting deaf persons to the presence of people or sound
- Pulling a wheelchair
- Alerting an individual of a seizure, change in blood sugar, or an allergen
- Reminding a person with mental illness to take medications
- Calming a person with PTSD during an anxiety attack
- Performing other duties (See ada.gov for more information on service animals)
Americans with Disabilities Act (ADA) Frequently Asked Questions
To request academic or physical accommodations for through Disability Services, please complete the New Student Application and the Request for Accommodations forms. Disability Services has 3 business days to review your application and provide you with the outcome of the review.
Emotional Support Animals
The revised 2010 ADA regulations specify, "The provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks." Thus, these animals are not considered service animals. However, an emotional support animal does ameliorate identified symptoms of an individual's emotional or psychological disability. The emotional support animal's function may be entirely passive with the sole role being its presence.
Emotional Support Animals are also called:
- Comfort Animals
- Companion Animals
- Therapy Animals - Responsibilities include providing psychological or physiological therapy to individuals; they are often allowed visitation to rehabilitation facilities, nursing homes, and hospitals.
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) and HUD regulations found in Section 504 (24 CFR Parts 8 and 9) govern emotional support animals in housing.
Weatherford College requires that documentation be provided to Disability Services by the treating physician or mental health provider, that allows Weatherford College to determine all of the following:
- that the individual has a disability for which the animal is needed
- how the animal assists the individual, including whether the animal has undergone any training
- the relationship between the disability and the emotional support that the animal provides.
To request ESA housing accommodations through Disability Services, please complete the Application for ESA Application Packet. Disability Services has 15 business days to review your application and provide you with an email with the outcome of the review.
Service Dog
Is it a dog? Yes.
Is it individually trained to do work or perform specific tasks for the benefit of a disability? Yes.
Then, this is a Service Animal.
- According to the ADA, it is the handler's right to have the dog provide a service.
- The animal can go everywhere the handler goes, and the animal is trained to respond to the handler's needs.
- The use of this animal on campus does not prompt registration with Disability Services or Campus Housing.
Service Dog in Training
Is it a dog? Yes.
Are you training it to perform a specific task for the benefit of a disability? Yes.
Is the dog required to be accompanied by an approved trainer at all times? Yes.
Then this is a service animal in training.
- The ADA recognizes one's ability to train their own animal. However, the ADA does not recognize a service animal in training as a service dog and does not allow the same access.
- Texas Law allows for Service Animals in Training, but the animal must be accompanied by an approved trainer at all times.
- The use of this animal on campus must be approved through Disability Services.
- If the student is the approved (certified) trainer, then documentation stating such must be provided to Disability Services. If the student is NOT an approved trainer, the student and the service dog in training must be accompanied by an approved trainer at all times.
Emotional Support Animal
Is it a domesticated animal that is traditionally kept in the home as a pet? Yes.
Is it trained to respond to any stimuli? No.
Is the animal's presence its value? Yes.
Then this is an Emotional Support Animal.
- Covered under the FHA (not recognized by the ADA because there is no right to comfort).
- Animal's presence as support, well-being, or comfort does not constitute work or tasks.
- The use of this animal in Housing must be approved through Disability Services and Campus Housing.
Individuals with disabilities may be accompanied by their service animals in all Weatherford College buildings where members of the public, or participants in services, programs or activities, are allowed to go.
By law, a service animal means any dog that is individually trained to do work or perform specific tasks for the benefit of an individual with a disability including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domesticated, trained or untrained, are not service animals.
The work or tasks performed by a service animal must be directly related to the individual's disability.
Federal law does not require the individual to provide documentation that an animal has been trained as a service animal. The college may, however, ask if the animal is required because of a disability, as well as what work or task the animal has been trained to perform.
Exceptions
The college may exclude a service animal from campus if its behavior poses a direct threat to the health or safety of others or when its presence fundamentally alters the nature of a program or activity.
The college may ask an individual with a disability to remove a service animal from campus if the animal is out of control and the individual does not take effective action to control it; or if the animal is not housebroken.
The service animal is considered an extension of the student and thus, is subject to the same code of conduct as a student would follow. Disruptive behavior by a service animal will be grounds for removal from an academic setting in the same manner that a disruptive student will be removed from the same environment.
Responsibilities of Individuals with Service Animals
The college is not responsible for the care or supervision of a service animal. Individuals with disabilities are responsible for the control of their service animals at all times and must comply with all applicable laws and regulations, including vaccination, animal health, and leash laws.
A service animal shall be restrained with a harness, leash, or other tether, unless an individual's disability precludes the use of a restraint or if the restraint would interfere with the service animal's safe, effective performance of work or tasks. If a service animal is not tethered, it must be otherwise under the individual's control, whether by voice control, signals, or other effective means.
Individuals are responsible for ensuring the immediate clean-up and proper disposal of all animal waste. Although the college may not charge an individual with a disability a service animal surcharge, it may impose charges for damages caused by a service animal in the same manner the college imposes charges for damages caused by students.
The Office of Civil Rights (OCR) addresses two key points:
- The ADA does not require service animals to be professionally trained. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.
- However, service-animals-in-training are not considered service animals. Under the ADA, the dog must already be trained before it can be taken into public places. Thus, until the training is complete, the service animal in training does not have the same protection and privileges as a fully trained service animal. Some state laws (including those in the state of Texas)* or local laws cover animals that are still in training.
* The State of Texas recognizes Service-Animals-in-Training to have access to the same areas as trained service animals as long as they are accompanied by an approved trainer. Weatherford College requires the student to provide documentation of their certification as the trainer from an approved organization.
* The State of Texas Code Section 121.003 states: (i) A service-animal-in-training shall not be denied admittance to any public facility when accompanied by an approved trainer.
Requirements for Service Animal (dog) in Training
- The animal must be at least one year of age.
- The animal must meet all standards of behavior that mirrors a trained service animal. This means that the animal is under the owner's control at all times, and the animal is leashed at all times .
- Additional service animal guidelines include all of the following:
- The animal must be housebroken
- The animal must have its current required vaccinations
- The animal must wear its collar and tags at all times
Please meet with Disability Services staff if you are a certified handler prior to training a service animal on campus. 817-598-6350 or accommodations@wc.edu
Service Animals:
- Animal waste must be taken care of immediately, and any animal handler or owner must dispose of animal feces properly.
- Animals must not be allowed to disrupt others (e.g., barking continuously, growling, yowling, howling, etc.). Animals which constitute a threat or nuisance to staff, students, and property, as determined by Disability Services, can be removed.
Emotional Support Animals:
- ESAs require daily food and attention, as well as a daily assessment of their general health, behavior and overall welfare.
- ESAs cannot be left unattended overnight at any time. If the owner must be away, they must either take the animal with them, or make arrangements for them to be cared for elsewhere, which does not include other rooms in campus housing.
- ESAs must not be taken into administrative offices, common space or student living areas.
- ESAs waste must be taken care of immediately, and any animal handler or owner must must dispose of animal feces properly. It is the owner's responsibility to remove feces from campus housing and place in a bag and take to the dumpsters outside. Waste may not be disposed of in any trash receptacle or sewer system inside campus housing.
- ESAs accidents within campus housing must be promptly cleaned up using appropriate cleaning products. Regular and routine cleaning of floors, kennels, cages, and litter boxes must occur. The odor of an animal emanating from the residence hall room or apartment is not acceptable.
- Any flea infestation must be attended to promptly. Owners are expected to notify the campus housing office to arrange professional extermination company at owner's expense. Oweners may not use chemical agents and insecticides to exterminate fleas and ticks.
- ESAs are not allowed to be disruptive to others (e.g., barking continuously, growling, yowling, howling, etc.). Animals which constitute a threat or nuisance to staff, students, and property, as determined by Disability Services, can be removed.
CONTACT
Dawn Kahlden
Director of Student Pathways
dkahlden@wc.edu
817-598-6350
Karmann Goff
Disability Specialist
kgoff@wc.edu
817-598-8923
LOCATION:
Student Services, Upper Floor, Room 118