Revised ADA Regulations Cover Service Animals and Auxiliary Aids

By: Jennifer A. Smith

Attorney General Eric Holder signed revised regulations that implement Title II of the Americans with Disabilities Act (ADA), which applies to school districts. The major changes include new provisions on service animals and updated provisions regarding auxiliary aids and services.

The new service animal provision states that service animals may perform work such as assisting an individual during a seizure, alerting an individual to the presence of allergens, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The provision of emotional support, well-being, comfort or companionship does not constitute service animal work according to the regulations. The new provision states that public entities, such as school districts, are not responsible for the care or supervision of service animals. School districts should consider requirements under the new regulations as well as other federal and state laws when developing policy on the accommodation of service animals.

The new auxiliary aids and services provision confirms that new technologies such as video remote interpreting (VRI), real-time computer-aided transcript services, and other video-based telecommunications products and systems may be used to provide effective communication. The regulations provide performance standards for VRI and require training for VRI operators.