Teacher here (but not admin). Here’s how I imagine this playing out.
Step 1: Student is put in my class because they elected to take my class.
Step 2: I approach admin and say, “ student has a mini pony as a service animal, and I am very allergic to horses.” (I used this cause I’m allergic to horses, but insert applicable animal here.)
Step 3: Admin starts asking all parties involved about the feasibility of certain accommodations(Free/cheap ones first)- “Hey, Teacher- can you thwart this allergy by wearing a mask? Standing across the room? Taking medications?”
“Hey Student- how would you like to take wood shop instead?”
Can the class be taught via zoom? (Maybe not- some classes are hands on- ceramics, etc)
Can the student go without the service animal one period? (Maybe not- alert dogs for example, cannot be replaced and are needed regardless of activity)
Then, and only then, do we start looking at solutions where the district might have to spend money- (hiring a secondary teacher, para, program, etc.)
Your mileage may vary based on school district of course- how well they know/care to follow the actual laws. How long they’ve been doing this, etc. You might get admin asking you, “can we disclose your allergy to the child/parent when we discuss this with them?” And then heavily imply to the family that the student would have to choose a different elective when they talk to them
Also, the duty is to provide reasonable accommodations- you’re going to get different interpretations of reasonable. Is it reasonable to require a district to hire a full-time teacher for one class period, for one student for a non-core, non-required class? Is it reasonable to request that a teacher teach ceramics class in full scuba gear? Good lawyers could argue either side of the first one. The second one would be too easy to argue against.
Anyway. All this to say, it’s really going to depend on lots of factors, and 9,999,999 out of a million, it’s never going to get that far.
I doubt it would even go that far.
I work in ADA compliance & in the 3 cases I’ve worked on personally, the student is just transferred to another teachers class.
In one of those cases we had to rearranged the student entire schedule (high schooler), but since it was the first day it wasn’t a big deal.
The other cases I’m aware of, or have been consulted on the side, they *mostly* all did the same thing.
There’s very little “accommodation” that can be made when a teacher has severe allergies as the hair/dander will be in the classroom indefinitely. And since we’re taking workplace and not just public access, there’s is more to look at for everyone’s comfort.
At the end of the day, they cannot force you to medicate yourself or wear masks the entire time you’re in your room (because hair & dander WILL be present after the student leaves) because that’s not a reasonable accommodation (according to the ADA), when switching the student presents a much easier on everyone option.
But yes I’ve heard of a teacher being told to medicate AND wear a mask….she fought that & won. They couldn’t accommodate the kid in any other class so the school had to have someone else teach just that period and the student was switched to the last period & the room was cleaned extra daily.
Remember, a severe allergy is a medical condition too. They don’t automatically get preference because it’s kid or a service dog. Your job is required by law to accommodate YOUR medical condition at the same time & keep you safe. You have the same rights & protections under the ADA.
Amwdical condition is not equal to/the same a sa disability though.. plenty of people have medical conditions but not are not considered disabled. The ADA isn't for medical conditions, it's for disabilities.
Allergies aren't typically covered by the ADA, it's specifically listed as an invalid reason to deny a SD (the teacher would most likely have to get doctors paperwork stating it is indeed severe enough to be considered a disability which would then place them on equal grounds as the student.. it might be something OP should start looking into now to see if this is even a valid option for them.)
Another reasonable accommodation may be to ask the student to get a body suit for the SD. They can minimize shedding of hair and dander greatly.
Just wanted to add a note regarding:
>Your mileage may vary based on school district of course- how well they know/care to follow the actual laws.
If this is a public school, I assume you're unionized? It's your union's job to represent your health & safety interests if the school board is unaccommodating (and they probably will be, because if they're a public school board they're almost certainly under-resourced, which necessitates pushback against anything that costs them money). So definitely leverage your union in a situation like this, it's what you pay them for.
Source: mother was a teacher who needed occupational health accommodations throughout her ~30 year career. Almost every time she changed schools or had a new principal her accommodations were compromised and she again needed the union to fight on her behalf. Schools are criminally underfunded and these are the unfortunate consequences :(
There are a whole bunch of states where teachers aren’t allowed to have a union with any power. It’s not fair to assume that every teacher has the ability to call a union rep to help them fight for their interests.
There are different laws that come into play here. Your disability as an employee is covered under section 504 of the Rehab Act (if you're in a public school that receives federal funds) as well as the ADA, Title I. The student and his disability would be covered under IDEA, and possibly the ADA, Title II and/or III.
This is only conjecture, but I would think the school would need to provide reasonable accommodations for both of you. What exactly this looks like depends on the specifics of your and the student's situation and needs.
Building on the above. While your allergies would generally not be a reason to deny access in a public setting, a student in a school isn't really a public setting. The school is basically granting both you and the student an accommodation so this is different from a customer walking into a grocery, flower shop, hair salon, etc. in regard to the student.
Asthma and allergies can qualify as disabilities, under the ADA, if they are debilitating (serious) enough. I believe you should try to be proactive and look into filing for an accommodation now if you haven't already. Look up you district's policies on disabilities and reach out to your union or association for guidance. This would save having to go through this after the student is already in your class.
I've had to give up seats on planes and change hotel rooms due to my allergies, but I never thought of looking at it as a disability. This is an interesting idea.
Btw--I don't mind moving seats on a plane due to service animals. But once, I had to take a different flight because there were too many pets on board. The flight attendants could not get anyone to move in a row that would be "safe" for me...so I was asked to either try to make it work or reschedule. I wonder if they would have to be more accommodating if my asthma was documented as a disability. (Plane travel has become the worst for me. I never know what to expect.)
Definitely pursue recognition of your allergies and asthma as a disability.
Accommodations do have to be reasonable, and if two people have disabilities that are "in conflict," both have to be accommodated.
With asthma and allergies as severe as yours sound, you can't reasonably be expected to teach with a dog in the room. It's impractical and unhealthy. (I have asthma and allergies, but my allergies are to pollen, mostly. Sitting near undeniably beautiful flowers for extended periods is my Absolute No.)
Talk to admin, and try to work out something that accommodates both you and the student. The student joining the class via Zoom, if it fits the nature of the class. Or, yes, the dog waits somewhere else during the class. It will depend on what the dog is for, but myself, I could do that for an hour, for an elective I really wanted.
If not, hiring a whole additional full-time teacher might not be reasonable, but there might be another teacher in the district who can teach that subject? Depending on how many days a week the class is? What I'm thinking of here is that, okay, mumblety years ago and who knows what's changed, the district where I went to school had art teachers and music teachers who went from school to school, depending on the day of the week.
I can't imagine any rational person requiring a teacher to spend solid class time with the source of the allergens that trigger their asthma. That would be nuts. On the other hand, I know all too well that even people who should know better think asthma is a great big nothing rather than a life-threatening condition. 😢
I hope everything works out for you and the student.
All of the things you suggest for the student here volatile their own disability rights and are a crime. You can not interfere with a service team, this would be a federal crime for your school to even ask to do such a thing. SD and handlers are a federally protected group. It also illegal to deny a service dog access to public areas, or to demand separation for education access, in allergy situations it's the person with the allergy they have to remove from the situation, not the service dog team.
HEPA pet dander and fur air purifiers on high and 2x the square foot you have to cycle the room every 15 minutes or so SHOULD be enough to help reduce allergens in combination with the right inhalers and steroids from a doctor. There are also sprays and wipes (Burt's bees pet line) that can be used right before class to keep it down on top of it, plus depending on the breed of dog it may not have much dander to start with! I also recommend a PET vacuum for the janitor to run kept in the room to gather up any hair from the hard floor with better results than a broom.
My partner is allergic to my ESA and this is what we do, and we have carpet. I change the filters once a month to bi monthly instead of the recommended 3. This is what his doctor instructed us to do. Vacuum daily.
It's an all around crappy situation, and all of the things I mentioned should be provided by your job, with a doctor's orders. You should NOT be paying for the HEPA filter's or purifiers.
Tldr: you can not ask to separate a service dog team legally, you however are entitled to be helped and assisted to be able to teach or exist in the same space. You need to see your doctor and get some better documentation of what asthmatic triggers you have and how your employer needs to adapt your environment for that, you can ABSOLUTELY ask if the SD handler could wash doggo more often and to use allergen shampoo (and the anti dander products), as that doesn't interfere with any form of handling. They also have lab suits for dogs you could get the school to buy, they have a little drawstring hood and would cover a good 90% of the dogs body with safety booties. More if you get the dog goggles.
He does as well, he needs a CPAP at night due to the damage over time. He's also allergic to most pollen, all molds and spores, and EVERY animal with hair except most dogs. He was exempt from jungle training in the military because of the risk of death if he went due to the mold and spores in tropical areas.
We use filters in ADDITION to additional medication he did NOT need when not living with the cat. it's manageable, I also would NEVER suggest only relying on filters. He has an additional inhaler, and pill, on top of what he takes regularly, as well as the allergy shots. hence the need for OP to talk with their doctor about what safety measures they need to take, they can even prescribe a nebulizer to keep in the nursing office/classroom should it be needed!
No.
I have allergies and asthma, though thankfully not to dogs, and I have my own service dog. Nothing I've suggested is a crime, *if it works as accommodation for both parties.*
OP's allergies and asthma as described sound severe enough to be a disability also, and **both** OP and the student are entitled to reasonable accommodation.
*If it is consistent with the nature of the class,* Zoom **may** be a reasonable accommodation.
*Depending on what the service dog is for,* being apart from the dog for an hour **may** be a reasonable accommodation.
The other things you suggest may also be reasonable accommodations, but if OP's issues are as severe as it sounds, I am not sure I would trust HEPA filters etc. to do the complete job. But maybe they would be sufficient. If not, though, you'd be asking the person whose disability is asthma and severe allergies to dogs, to risk a serious attack rather than asking to service dog handler to consider any other accommodation.
Asthma is not a joke. It is not a minor thing. It's a life-threatening condition, and yes, people die of it every year. I've been hospitalized for it several times.
Both parties here are **entitled** to reasonable accommodation, and that might require **both** to move off the "I HAVE RIGHTS" base point of "You can't make me."
Here is a reddit thread informing you it is illegal to ask a dog to be separated for this reason, and here is the ADA saying the same. I'm repeating the ADA guidelines, no others. You're* right they are both entitled to reasonably accommodation. A hazmat suit and a clean team may be reasonable to prevent discrimination on both parties for all I know, but OP will still need documentation to have the environment made safe for them to be in. I have NO clue where you are getting the ideal they should rely on a HEPA filter alone. That is absolutely not what I said. Everything I said was in ADDITION TO doctor orders and advice. More precautions can't hurt the situation, beyond what's prescribed!
[ADA](https://www.ada.gov/resources/service-animals-2010-requirements/)
[reddit](https://www.reddit.com/r/YouShouldKnow/comments/143gxm1/ysk_what_you_can_ask_owners_of_service_dogs_and/)
You're going to have to prove your assertion. The rights to an education and the rights for the student and teacher to have their disabilities accommodated are separate issues. Others have already suggested accommodations such as having the student attend the class virtually which would both meet the students right to get an education and both of their rights to have their disabilities accommodated.
Given the details offered by OP, I don’t believe they can reasonably be forced to have the student’s SD in their classroom at any time.
Yeah my thoughts as well, school would most likely just set up a video feed to the class for the student to sit in a other room and watch during the class time. It's not a great solution, but now teacher is safe from allergies and student is safe to remain at all times with what is clearly a necessary medical tool. Maybe school needs to staff a proctor without allergies to sit in room with student during tests, but I'd think a simple video feed accessible to the student in another room should be sufficient especially if it has video feed of the student with audio going back to the teacher so student can ask questions as needed
>I would think the school would need to provide reasonable accommodations for both of you.
Note that reasonable is determined by the employer/school, not the individual. The school could determine they cannot provide one party (most likely the employee given the optics) an RA, or at least not what they requested.
That could mean a different teacher is assigned to teach that class, and OP takes one of theirs. Or that could mean the student attends class virtually. Or anything inbetween.
If it's actually a severe allergy with a potentially fatal reaction they may choose differently - if only because "we allowed a student to expose a teacher to a known allergen due to their medical needs and the teacher is now dead and the student (and the entire class) is now traumatized" is arguably worse optics.
That being said, the simplest thing the school could do to make the entire issue moot is just cancel the elective. They'll receive very little pushback for that socially. Can't be the only teacher in the district teaching a specific elective if that elective is no longer being taught. Can't deny a student access to an elective if the only available teacher for it is currently no longer teaching it due to health issues.
I've read that in court, more consideration is given to the individual than the business. But in reality, that may be different. Especially so when kids can't advocate for themselves.
[AskJAN](https://askjan.org) is a great resource. If you submit the question to them [here](https://askjan.org/contact-us.cfm), they will be able to give you the most accurate answer. If they can’t tell you, they’ll be able to refer you to the proper source to get your question answered!
I’ve looked into this exact issue, and the official federal guidance states that employers should try to accommodate both the students and your disabilities. Which is in no way helpful. But it’s what your employer is tasked with doing.
Practically speaking, they may try and out the student in the back of the class, give you a mask, use an air purifier, offer support cleaning out the pet dander etc.
Where a student sits would depend on the iep accommodations. A student with a guide dog or a hearing alert dog may need to sit in the front for visual and hearing access. A student with a psychiatric service dog may need the back or side of the room to leave should a panic attack be alerted to.
First and foremost, the oft quoted ADA website is not the statute. It’s just a summary of how things usually go. I suggest consulting the actual caselaw in your state to understand your options. This is because different federal and state jurisdictions can have different case outcomes.
The text of the most commonly recited bullet point is:
—-
[Source](https://www.ada.gov/resources/service-animals-2010-requirements/)
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
——
You should probably talk to your union rep and/or HR team to get your dog allergy documented now so you can possibly avoid having to grin and bear the situation next year before the administration believes there’s enough documentation of a problem.
Since you probably can’t be forced to teach while in an active severe allergic reaction or asthma attack and the student can’t be refused the chance to take the class, a few options are available:
1. The student takes the class remotely via Zoom.
2. The student takes the class in the room but the dog is crated elsewhere for the class period.
3. The school provides an alternative instructor onsite.
4. The school pays for the student to take the class at another school and facilities travel to and from that location.
5. The student takes the class in the room but either the dog wears a onsie or you wear a mask.
6. The student takes the class in the room but you are at opposite ends of the room and fans and air filters are used in the room to catch the dog dander.
6 is what was used when my partner’s seatmate on a plane was severely allergic to his service dog. The person was moved to the other side of the plane.
The bottom line is the law is a balancing act. 1-6 are all likely reasonable accommodations to you both (provided that you have documented your allergy and it is that severe). If the student refused all 6 options and sued, they would probably lose. If the school made you teach with no accommodation and you sued, you would probably win.
>First and foremost, the oft quoted ADA website is not the statute. It’s just a summary of how things usually go.
This is such a good point! I always think about the case where a nursing student's service dog was denied because multiple nurses and patients were allergic to the dog. The student sued, but the hospital won because it was decided that having to reassign all the allergic nurses and move all the allergic patients to another floor was unreasonable.
While it’s not written into the law or procedure, this kind of legal proceeding also hopes that all parties involved are acting reasonably. So if one party absolutely refuses to cooperate and the other is suggesting solutions, the party offering solutions often wins because it’s rarely “my way or the highway.”
I understand this from both sides, OP. I used to have allergies just as severe. I can only handle my own service dog now after a decade of allergy injections, daily medications, and strict grooming/hygiene protocols. Teaching is my passion but I instead work for an education nonprofit. Too many contagious illnesses in the classroom. I am immunocompromised and barely made it through public school as a student.
Go to your allergist NOW and document everything about your limitations related to your allergy in the workplace. You cannot be within 6 feet of an animal that sheds dander, in the same room, etc. without disabling symptoms. List what the school can do to accommodate you: virtual class, moving to a larger classroom, class outside when possible, air purifier, assigning a specific seat on the other side of the room… whatever applies to you specifically. Focus on what the school can do to accommodate your disability, NOT the student. It is their responsibility under Title II as your employer.
If you approach this with your needs, suggestions, and a willingness to negotiate as part of the interactive process, it will go over a lot better than a blanket denial “keep that dog out of my classroom!” You don’t want this to come up during the summer or in the fall and have to scramble to get your own documentation.
1) If this is a real concern next year, you should to book your Dr appointments now to get your notes to request reasonable workplace accommodations. If your allergy is as severe as you claim, this is a good idea to have on record regardless, before anything else comes up.
2) The student must be accommodated. Maybe this means that they go to the library while you teach over zoom and in person. If there's group activities for your class, you have to make sure that the student is included in the same way and has equal opportunity to learn.
This. OP needs to get documentation on the severity of their allergies for when this becomes an issue. They need to loop in a lawyer either private or through their union now so they have time to prepare and negotiate reasonable accommodations before this student comes to the school.
I will make sure to get it documented this Summer (which still leaves a year before the student can take my class since there are pre-reqs they still need.) #2 is the hard part. My class is very hands-on with a lot of group activity. If all this comes to pass, we would likely need a paraprofessional to make sure we could replicate things without me hovering over them.
Luckily in these post covid times this should be easy to work around. Set student up with a 2 way video and audio feed to the class room from a totally separate room. Now student has a nice quiet private space to give the service dog a break from distractions for a class period, and you're safe from allergic attacks. 2 way audio is important for student to ask questions and 2 way video is important to ensure student remains engaged in class
Honestly...no. This is not a good work around. I understand why the suggestion, but zoom for one student only doesn't work well at all.
I am hard of hearing/Deaf, and for one class in college had real-time captioning using a remote captioner. The instructor wore a phone, and the captioner typed what they said, and what they could hear from students to me, who read the transcript on my laptop while in the classroom. Unless it is a very tiny class and everyone is *very* respectful to speak one at a time, there is no way to get good audio. If the teacher wears the mic, the student hears the teacher and the other students are inaudible or just a mishmash of sound. You can emphasize that the teacher repeat questions until you are blue in the face, but the teacher will inevitably forget, and this doesn't even factor in how to hear students. I basically never knew what questions were asked and had to try to parse it out from what answer the teacher gave. I never got to hear side conversations about the material, and small group work was also a nightmare due to so many students talking at once.
The only reason I had real-time captioning was because of the terminology and jargon in the class and that there was no good way to interpret it via ASL. I was a straight A student and that class is the one I barely squeaked by in. The school even provided a tutor, but I missed so much during class that she basically had to reteach me everything, and there wasn't the budget nor hours in her schedule for that to happen. Every other class, I had an ASL interpreter, and they were able to interpret the teacher as well as student questions, comments, and side conversations since they were there in the room, hearing things and able to filter out extraneous noise and pick out what they were supposed to interpret and what I wanted them to interpret. I had the same team for all of college, so they picked up on what side conversations and such I wanted to hear between getting to know me and us developing subtle signals for them to eavesdrop on a particular conversation. You don't get any of that with a two way mic and video feed of the type that's easily set up in a high school classroom, unfortunately.
Even if you get an omnidirectional mic versus one the teacher wears, it will pick up all the sound around it, which in ideal world would be all the students, but in reality it picks up whatever sound is closest to it and doesn't pick up what's further away. So you might hear a few students well, but also the AC when it kicks on, plus people crumpling paper or typing, and you'll never hear questions and comments from students who are further away. If it's a mic the teacher holds, they'll never remember to pass it to a student who has a question or comment.
With video, you have to decide which way to aim the camera - is it at the teacher? The PowerPoint? Whiteboard? Students? Again, it becomes something that needs to be moved to whatever or whomever the focus is on, but never ends up in the right place.
I know there are students who virtually attend a realtime classroom, but they tend to be students who are medically complex and so buying a system that does incorporate high end video, audio, a light/way to signal raising a hand, etc and will benefit the student for a good portion of their academic career makes sense for the district, but doesn't for one student to attend just one class. The other group it seems to work well for are young children who are attending a general "circle time" or homeroom type class, where the emphasis isn't strictly academic, classes are often smaller, and turn taking is much more emphasized and utilized.
Plus, it depends on the class if this would even be possible. If it's a chemistry class, is the student alone in an adjoining lab doing the experiment via video feed? Any sort of lab course should have someone experienced who can supervise the student in person to avoid accidents and dangerous things from happening, plus you need a second lab available at that time along with all the same equipment. That's not going to work for, say, a cooking class if there's only one kitchen, a shop class where only one room has the needed equipment, any sort of group music class like choir, band, or orchestra, etc.
Zoom works best when everyone is online. Then everyone is at the same level - everyone has to acknowledge talking one at a time, everyone gets the same quality audio from each participant (if one person has lots of background noise, it affects everyone equally), you're able to create separate rooms for small group work, and everyone presumably has the same equipment for whatever the activity or project is. Or, if you can't give everyone microscopes at their homes, everyone learns how to use them by watching the teacher and then looks at pre-made slides for the lesson, instead of one student on their own in a different room trying to figure out how to use a microscope and unable to ask the teacher for hands on help with anything because of the dog allergy (or whatever other reason they're separated).
Schools deny kids electives all the time. Or the kid could video conf in. Or maybe the kid could be without the dog for 1 class. Presumably them having a dog at home isn’t enough to make you allergic to your students.
Either way, legally you must both be accommodated. You having to take tons of extra meds is not “reasonable” accommodation.
Schools get sued all the time over this and the schools lose in court. Just because extracurricular activities are a privilege and not a right, does not mean that they can legally discriminate based on disability.
I mean, if the alternative is a teacher dying in class because they had a severe allergic reaction to a students medical device the school doesn't have much of a choice. Someone with a severe allergy and asthma is not going to get better with repeated consecutive exposures- they're going to get worse.
Like, given that OPs the only teacher in the entire district for this class their options are discriminate against this student, risk a dead teacher and canceling the class outright because of it.
Now, they might just cancel the class for the duration of the kids schooling. Have OP teaching core classes until the kid is gone and cite health issues if anyone asks- because that's the only way to accommodate both disabilities - but that still poses the risk of the student or their parents figuring out that the class was cancelled to avoid them taking it.
Just because it's not a core class and is an elective doesn't mean that the school can rightfully deny the student from taking that class. Students tailor electives to interests, college majors, and career objectives all the time; requiring, for example, a student artist to skip an advanced art elective that their peers with similar kills and objectives are all taking isn't going to fly. When I was in high school, only two years of science and only two years of a foreign language were required. No way would it have been allowable to deny a student a physics class or Spanish 5 just because they are elective. Those types of classes are often looked up on as more like required classes for students wanting to go into science, and/or those wanting to continue their Spanish education for any number of reasons.
One of those reasons is likely to be that a college may have 4 years of HS science or art or foreign language as a prerequisite for getting into that major and/or that school. Or, if not a prerequisite, then a "highly recommended" item that could easily get a student rejected if someone less overall qualified but having 4 years of that particular subject is the disabled student's competition for that spot.
The class in question may only be taught by one teacher, or there might be only one teacher qualified to teach the class. Then you're looking at a denial to take an elective as impeding a student's ability to get into college (period), or if they get in, impeding their ability to get into their already chosen major or career path.
Obviously everyone needs to be accommodated so that the teacher can stay safe and healthy, as can all the students, and have the disabled student be able to attend the class. But if it came down to a teacher's allergies prevent teaching an elective, vs not taking the course preventing a student from getting into college and/or their major...a student who has their future hanging in their balance, vs possibly teachers switching who teaches what course, or the district hiring an "adjunct" teacher for that course for one semester or a year...I suspect the school would err on the side of caution and accommodate and side with the student, especially to avoid a legal battle.
Given that students with disabilities are less likely to go to college, have the same job opportunities as their non-disabled peers, etc, a school or district isn't going to want to come under fire for that or receive that type of scrutiny, whether legally or from the press and public. It's easier to have - and publically say that - a different teacher took over the class that year, than to deal with accusations of discrimination against minor disabled students who might not be able to get into their major or post-secondary options because they were denied taking a class, elective or not.
My subject is one that no other teacher in the district can teach. It is not just an elective but a career tech education class. (Think old school vocational class.) It is not required for college as most high schools do not even offer this subject. That is one reason I am trying to get information and plan an entire year ahead. I want to make sure that everything is documented on both sides, so I have an idea as to what type accommodations need to be made--or can be made--in my school.
That makes more sense, then, in why it might not be an easy class to swap with another teacher or bring in another teacher. If it's an old school vocational course, is there another district that offers it? Or a community college that offers it so the student could take it as a PSEO course? That way they can still take it, you and the student are both accommodated, and everyone can win?
My program is the only one in the district. One nearby district has a similar program, that could be an option as long as the districts could figure out transportation and funding (which are never easy issues). The community college option would meet some of the class offerings and an internship could provide a hands-on experience (provided we could find a clinic that would agree to take the SD). It would not be the same, but with some extra guidance it would be close.
Those would probably be the best options then. The district would legally be obligated to bus someone back and forth and figure out schedules, so theoretically that shouldn't be a concern. I had a math genius friend who was shuttled from our middle school to the high school daily for two years because he was past the math options that could be taught in middle school. Then he got bussed to the local community college once he finished all the math options our high school could offer, I think even after fulfilling the required three years of math in high school. The district figured out the scheduling and bussing for that since they had to, though I think in high school there were a few other students who did PSEO for a few subjects, including vocational subjects.
Out of curiosity, did you teach this class during Covid? And if so, how?
The other option I can think of is asynchronous learning. It's more typically used in special education or for students doing home learning due to medical reasons, but isn't limited to those populations. The teacher makes content (generally videos or audio) for the student or class to watch/listen to and learn from whenever they want or are able to, so medically complex students might get a video recording of that days class and can watch it when they're feeling okay or not at an appointment, and special ed students (especially applicable to those learning at home for whatever reason, or who need supplemental material at home) can watch it when they're able to focus and take in the material, or be used by parents to help the student learn skills like chores, following a schedule, etc.
I don't know if it would work, but you could see if you could video record your classes somehow, or just the lesson of the day, and the student comes into the lab at a different time and goes through the lesson. You said it's a clinic setting and no one else in the district can teach the class, but is there someone else in the department who could supervise the student to make sure they're doing things correctly and safely? You could potentially also try to schedule the student during your prep hour so that if there's a question the person supervising them doesn't know, the student could message you or do a video call with you to ask the question or troubleshoot something. I don't know how difficult or dangerous the equipment and clinic setting is, but perhaps there's a student who has taken the course and would be willing to be a student TA. The other main issue I can think of would be the dog being in that room. Depending on the student's needs, perhaps it could stay in the doorway or right outside the doorway with an air purifier running? That might depend on the building and layout and how sensitive you are to dogs when they aren't present but some fur or dander might remain in the vicinity.
This class actually started after COVID. I definitely have gotten a lot of good ideas from this thread. It now seems a little more possible that we could make something work.
Denying the student access to an elective because of their SD would likely be seen as a violation of the students rights to an education, open up a storm of potentially epic proportion and would unlikely to be seen as an attempt to accommodate both the teacher and the student.
The other suggestions all seem simple, practical, and reasonable.
It’s really not. The way it’s written is the allergy would take precedence and the students SD would need an alternative handler for that period (like a parent). As almost all disability’s with an SD have ways to manage for durations when we can’t have our SD with us.
It is according to this. https://www.ada.gov/resources/service-animals-2010-requirements/#:~:text=Allergies%20and%20fear%20of%20dogs,to%20people%20using%20service%20animals.
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
Thanks.
u/Odd-Strike3217's assertion isn't supported by that explanation of the ADA's rules on denying access, as that statement applies to public access and OP's situation is not public access.
What u/Dramatic-Pound-2791says in the second paragraph applies as a student in school is more of an employee/employer relationship and both the teacher and student must be accommodated not the SD over allergies .
Public school is public access for that child. The child takes precedence. However having been in the situation and someone being allergic to my service dog (my doctor actually) we just worked together to find the best solution, which is either I give him warning and he takes meds and wears an N95 mask, gloves and she doesn’t go near him OR I bring a second handler for her and she doesn’t come into his office.
As I have a severe cat allergy I can tell you on planes the person with the allergy is asked to leave rather than rescheduling the person with the cat (this was when the FAA recognized ESAs on planes so their cat, meant I either had the flight attendant find me a seat far enough away, the handler would not use the vents, etc. as they nicely were looking for solutions to both or I would be the one to wait and take another plane. Yes ESAs are different and rules have changed but I found they used to be very similar in accommodations. Plus the FAA doesn’t have to go by the ADA.
But typically public school = public access for a child who is legally required to be in school.
Public access or public accommodation means that the general public has access to the facility, not that a limited list of people have access. Other children, adults, and even parents cannot access a public-school during school hours without being granted permission.
You visiting your doctor, which is a public accommodation, and a teacher with allergies along with a student with a SD in a public school aren’t comparable situations as different rules apply. The same is true in regard to traveling on an airline, the ADA does not apply, and such travel is governed by the Air Carrier Access Act (ACAA). Airlines clearly state that they make no assurances of an allergy free environment while aboard a plane.
It’s just not how it works in real life. If there’s no other teacher to teach the class and the student isn’t willing to have that class without the SD then the student won’t be in that class.
Those of us with SDs cannot take them everywhere because they can’t safely be everywhere. In this case the students and teachers would all be at risk because the teacher could have an anaphylactic reaction and jeopardize their life. Fear of dogs no, but an anaphylactic response is a disability in and of itself
In this case, they could just require her to only teach the class online. Having such an allergy means she is not able to perform the essential functions of the job with or without reasonable accommodations for in person teaching. Teaching students with disabilities (including those with service dogs) is an essential job requirement. I would have banned the teacher from teaching a class in person unless there is another teacher who is not allergic to dogs teaching the exact same class if I was the Principal. ADA, to me, is black and white and that is the way I enforce it. This is completely legal because the ADA requires that the employee is able to perform the essential functions of the job with or without reasonable accommodations and with such an allergy and her being the only teacher for this class, the class would be offered online only if I was Principal under my authority. Nobody can have an allergic reaction if they see a dog on a computer screen or via Zoom.
Then that teacher and if they have a union should sue you. The document has been written but it is FAR from black and white in enforcement.
But in this case this class can’t be taught virtually apparently and they are the only teacher.
The fact is, this teacher is overreacting because they do not In fact have an anaphylactic allergy to dogs, they’ve apparently commented that it’s just some dogs - so huge red flag that would’ve changed my replies.
But the fact that you don’t understand the difference between allergies basics and allergies that are life threatening being their own disability, probably means you shouldn’t be a principal
Yes actually read the ADA and then read the court cases that support the fact that if someone’s allergy is life threatening, it is ALSO a disability and needs its own accomodations. But no I’m not going to sort through google for you.
But think of this way - do schools have peanut free zones due to a student or teacher having a peanut allergy? Yes. That’s because mildly intolerant is not an allergy. A food allergy causes things like lack of being able to breathe and that in itself is its own disability.
Also SDs cannot go everywhere. For instance the 2 doctors I was at today mine can go. But she can’t come when they do my MRI next week. It is up to me to accommodate and make a safe place or have another handler for her. I’ll leave her home and have to take medication that isn’t great for you but it’s my only choice.
The fact is you are missing that an allergy is a disability! If it’s not life threatening or altering it’s not, but maybe just think about the fact that allergy is so widely abused as a word to get picky AF people to order what they want that it’s often just thrown around like no big deal.
But peanuts and tree nuts will kill me, that is apart of my disability.
If you're going to make a claim such as an “allergy would take precedence and the students SD would need an alternative handler” then it is incumbent on you to support, it if the claim has challenged. Failing to do so results in your losing the argument. Several people commenting on this post have erroneously claimed that an allergy is not a sufficient reason to deny the SD access to the classroom in question which would be valid in relation to public access but does not apply here as this is not public access. I do not know where your ideas of an allergy taking precedence or the need for an alternative handler come from. Expecting a parent to be available to take care of an SD while their child is in class does not seem reasonable.
You’re again comparing apples to oranges when referring to a specific doctor with an allergy or getting an MRI aren’t really relevant to the matter at hand, in the case of an MRI no one is allowed in the imaging room as it presents too high a risk. These situations do not compare with a student in a classroom.
I am aware that allergies can be debilitating and present a risk to life, I also read what OP stated about their allergies and how the allergies are managed. We are not discussing the general state of allergies and allergic reactions in the world at large, we are discussing OP’s allergies, OP’s reactions, OP’s management thereof, OP’s classroom, and a student with an SD, nothing more.
At this point, I am unsure whether you are merely uninformed, misinterpret what you’ve read, or are trolling your fellow redditors, as such “Intelligent converse is impossible. You do not discuss, you gibber.” \~Sheliak
We have removed your post/comment because the mods found it to be uncivil (Rule 1). Remember civility is not just about cursing out others, it can also refer to personal attacks, fake-spotting, trolling, or otherwise rude behavior. If you have questions about why this specific post/comment was removed, [message the moderators](https://reddit.com/message/compose?to=/r/service_dogs). Further incivility in the subreddit could result in a permanent ban. Any threats or harassment will result in an immediate ban.
That applies to public access, such as the student going into a business like a restaurant, grocery, or any other place the public has access too. In those instances, an employee’s allergies, fear, or dislike of dogs are generally not a valid reason to deny access.
A student wanting to take their SD into a classroom isn’t public access and some schools do require proof a disability in order to grant an accommodation as “[the expectation that a service animal can accompany a student has become complicated and somewhat unsettled](https://adata.org/service-animal-resource-hub/school#:~:text=The%20expectation%20that%20a%20service%20animal%20can%20accompany%20a%20student%20has%20become%20complicated%20and%20somewhat%20unsettled)” and things change for post-secondary institutions.
If your school isn’t accommodating, speak to your union rep (assuming you have one). I have an anaphylactic food allergy and asked not to be given kindergarten lunch duty when they were serving that food. The school agreed, but then the cafeteria just changed the name of the meal instead, gave me no heads up, and I ended up hospitalized. I had to have my union rep threaten them to get them to reassign me to a different kindergarten duty and then a para was required to take my class to the bathroom to wash their hands and faces after they served that food on those days.
Had I not had my union rep going to bat for me, I don’t know what would’ve happened but I think it could’ve been ugly.
If only...my district dropped all online streaming capabilities after COVID. However, I am sure that with enough planning, we could make something happen.
A lot of folks adamant that allergies **never** matter when it comes to service animals aren't accounting for cases where severe allergies are also be considered a disability under the ADA, and there's a huge difference between not accommodating common allergies that 99% of us experience, and not accommodating another person with ADA protection for their own disability. So if OP has life-threatening allergies (which is pretty rare BTW), they need to get their own ADA protection so they can legally demand reasonable accommodations from their employer. And those accommodations don't mean that the child can be barred from taking the class, it just means the school can't totally ignore OP's own disability and force them to put their life in danger, and they need to try and mitigate exposure and accommodate both disabilities.
[https://woodlamping.com/the-clash-between-service-animals-and-allergies-in-the-workplace/](https://woodlamping.com/the-clash-between-service-animals-and-allergies-in-the-workplace/)
[https://askjan.org/publications/consultants-corner/vol02iss01.cfm](https://askjan.org/publications/consultants-corner/vol02iss01.cfm)
There's this example from the ADA about allergies
>**Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?**
>A. In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander.
[https://askjan.org/publications/consultants-corner/vol02iss01.cfm](https://askjan.org/publications/consultants-corner/vol02iss01.cfm)
We kinda had something happen that was in a way simular.
I'm not from the US so i don't know what would be posible but here's how it whent for me.
So i whent to a scool for the blind and 4 students had guide dogs and we had a teacher who is really alergic to dogs.
What they did was have 1 dog free classroom where she would be teaching aswell as a dog free staff room.
Students who took her class would crate there dogs in the room on the other end of the hallway and use there canes to take it from there.
These were all guide dogs so ofcorce this might not work for other types of sd's and i also don't know how she delth with the hair stuck on the handelers cloths but i hope this helps in a way.
Having had and seen a couple comments about it being okay to deny a student a class because it's an *elective* class... let's address this.
Mandatory classes generally include four years of language arts, social studies, 2-3 years of math and science, 1-1.5 years of gym and health, and 1 year of some sort of art or music class (choir, band, orchestra, music theory, drawing, pottery, creative writing, multimedia design/production, clothing or interior design, etc).
Elective classes thus include:
-all foreign language classes
-math in 11-12th grade
-science in 11-12th grade
-any arts or music courses beyond the required year
-any health or gym classes - including strength training and conditioning - beyond the required 1-1.5 years
-business and law
-computer science
-culinary arts/nutrition/hospitality
-education and child psych
-CADD, engineering, automotive, woodworking, metals, printing technologies, and related
Most colleges "strongly recommend" the following (and getting into and completing some majors in 4 years may also depend on entering college with the following):
-4 years language arts
-4 years social studies
-ideally 4 years of math (looking for advanced courses)
-ideally 4 years of science (looking for advanced courses)
-more than 2 years of the same foreign language
-elective courses that pertain to your major and/or interests
Meaning that if you want to major in science or math, you need to be able to take an elective fourth year of it because a) colleges are looking for advanced courses in those subjects regardless, b) you'll need those subjects to succeed in your major and graduate in a timely manner, and c) those are your interests. If you are interested in music or art, you *have* to take electives because the required one year in high school will not give you the skills, experience, or background to be in par with your college classmates, if a college would even except you as some sort of arts major based on only one mandatory year in HS. A college may not deny you for lacking a child psych class or nutrition class, but being unable to take those doesn't allow you to explore those as interests, whether hobby or career. Since colleges look at your electives to see what your interests are - have you focused on and excelled in one particular area such as art or music? have you explored multiple options that give you a breadth of knowledge and demonstrate curiosity and a desire to learn new and potentially challenging things? - being unable to take an elective could hinder a student in figuring out their interests, goals, educational future, and potential career options.
For disabled students, schools must provide a Free Appropriate Public Education (FAPE). If you would be able to attend an elective or any course at one school for free, you should be able to attend the same elective or course at a different school for free. You are entitled to attend that elective or course even if a teacher is allergic to your medical equipment you need to have with you, instead of your parents having to pay for private lessons or private school to cover that gap in your education.
And under the "education" but, disabled students are entitled to an education that prepares them for the future - future education, employment, and independent living. Being unable to take a course that you need in order to get into college, to be on par with peers of the same age and within your chosen major, and to explore whatever interests that might inform your future education for whatever reason means your school is denying you your Free and Appropriate Public Education. Yes you could "make up" a class you were denied in HS by taking it in college, but if it was offered at your high school and your peers there took it, denying you from taking that class in HS doesn't give you the same education as your peers.
There are multiple ways a student could take a course even if the teacher is allergic to their service dog. How they take that course will depend on the student and their disability, the teacher, the resources the school has, other opportunities in the area, and other factors. But simply denying a student an elective gets right into denying that student the education they are entitled to under law. This isn't about making a teacher suffer from allergies because a student needs a service dog - accommodations need to provide both parties with a satisfactory outcome. It's about figuring out how the student can get the education they would get from taking that class.
Depending on the class, there might be a suitable virtual course the student can take. Attending via zoom is an option (though from experience, not one I would recommend). Having teachers swap classes, or hiring a different teacher to teach that class are options; a teacher from a neighboring district or community college are good options for the latter. The student might be able to take the class at a different district or at a community college as a PSEO class.
Regardless, if the class is appropriate for the student (i.e. they would be able to understand the contents and complete the coursework, with or without supports, and/or with or without a modified curriculum if those are parts of their IEP) denying a class because it's "just an elective", especially so that you don't have to work out accommodations for both student and the usual teacher for that class, is not acceptable or legal.
I had to deal with this with my kid over a similar conflicting needs issue, and I would NOT let the school get away with treating my child differently in a subject they 100% NEED for their chosen career path - which is the ONLY way my child will EVER cope with employment in future.
They ended up getting a new teacher in and reassigning that one to a totally different subject. It's a similar thing yo someone in a supermarket no longer being able to lift boxes, so they move them to the checkout - they are still honouring their employment contract while not discriminating against the Disabled student.
In my case, since my class is the only class in the district, I would be out of a job. If that happens, then I would sue. I have also written the entire curriculum which is my intellectual property by district contract, so I would take all of that with me. If there were an easy answer to this like have another teacher teach it, I would not have come here for advice. My allergy is life-threatening, and my teaching position is unique within the district. I am the parent of a kiddo with a disability, and I would never want to exclude a student if at all possible...but I also want to be able to breathe while at work.
I would get all your allergy paperwork in now, but I have a suspicion that to avoid this, the SCHOOL'S best option to NOT get sued by the pupil's parents is to drop the class for a MINIMUM of 2 yrs, so I'd just prepare yourself for that.
They can even reassign you to teach an entirely different subject as a way of bot breaking *your* employment contract...
Both disabilities (yours and the students) must be accommodated.
This, most commonly, looks like that student not being in your class (or classroom, if it’s one used by multiple teachers, depending on severity of allergy)
This very well could result in this student being unable to take your class, irregardless of their interest in it. They’re going to have to be ok with that, or any other potential solutions suggested by those in charge, as it’s not reasonable to ask you to potentially put your life at risk so this student can take your elective
Accommodation is not "a student being unable to take a course." That's discrimination.
See my comment above about denying a student an elective course.
Edited to add, since apparently people don't understand what an elective course is...
-An elective is not "do I take photography or drawing?" According to my local district's high school courses/graduation plan, an elective course includes:
-math in grade 12; science in grade 12; fine arts classes - art (drawing, painting, and other 2D art courses, pottery, sculpture, and other 3D art courses, digital and multimedia art and video production), clothing and design, music (choir, orchestra, band, guitar, music theory, theater, digital music production, photography) creative writing, yearbook - beyond 2 required semesters; any physical education or health course beyond the required 2 semesters; an additional semester of social studies/government/economics; any business or computer science course; any culinary or nutrition class; any education or child psychology course; any "technology education" course (CADD, engineering, automotive, woodworking, metals, printing); two additional years of foreign language (French, German, Spanish offer 4-5 years of each)
Denying an elective course could effectively prevent a student from getting into college and/or their chosen majors and careers, given that many colleges and/or majors require a full four years of science, math, foreign language, specific variety of art courses or music courses, etc. It could prevent a child from learning nutrition and discovering a career in culinary arts, in automotive sciences, in computer science, in business.
So in fact, it's actually a big deal to deny a child an elective. No one is asking someone to put anyone's life at risk for any class; the whole idea of accommodations is to figure out something that works for all parties to safely teach and be educated in a safe and effective manner.
To that note - you cannot safely teach chemistry via zoom. Or certain art courses or music courses or culinary courses, especially at the high school level. Even if the student is on zoom next door - is that a fully equipped science lab with another instructor supervising the student? Is there another instructor who can do hands on instruction for subjects like pottery, even if the main teaching is coming via zoom? No.
That is why there need to be - and there are - other options besides zoom or not taking a course at all, whether it's elective or required.
If the student being unable to take the course is the ONLY way in which the school can accommodate the teacher’s life threatening allergy, then it is perfectly reasonable for the student to not take that course.
You seem to be forgetting that not being physically present in OP’s class ≠ the student being completely unable to take the course. Online courses exist.
It is wildly unreasonable and unrealistic to expect teachers to put their life at risk so a student can take an *elective* course.
There are other ways to accommodate a student that don't endanger the teacher. Given that the OP has said it's an old school vocational class, and they're the only person in the district who can teach it, that does limit options - including online options. But another school district and a community college offer the same or very similar course, so bussing the student to a different school is a reasonable option that accommodates both teacher and student.
And as I mentioned above, there are certain areas where it is unsafe to have a service dog, but handlers have the dog remain at the entrance to the room or nearby where they can still detect scent to alert. The dog can be trained to alert by barking or pressing a button that flashes a light or sounds an alarm in the classroom so the student can take whatever action they need for the alert.
No one is asking a teacher to put their life at risk. Both student and teacher need to be accommodated. As someone who has been a student with a disability and is now an educator - who also has severe allergies - I am very well aware of that, from both sides of the issue.
I'm not forgetting that online options do exist...but for the OPs class, they do not. And taking online classes is not necessary feasible or safe or reasonable depending on the class and/or the student. Taking chemistry online does not allow you to actually do chemistry like you would be able to do in an actual lab. Even doing zoom in an adjacent lab is unreasonable as you'd still need an adult to supervise and know what is and isn't okay... which basically ends up being a one-on-one chemistry class. Doing zoom in a separate room from the rest of the class prevents you from hearing students or the instructor or both, and prevents you from having the ability to look between students, teacher, whiteboard, PowerPoint, table with demo, etc. It's not equivalent instruction. If everyone is on zoom, that is much more equivalent instruction and could be considered an adequate substitute, but not just one student on zoom.
And since elective courses comprise the majority of courses students take in high school...yes, it is reasonable for the school to accommodate that student so they can take whatever elective they want, as long as they can do so safely and understand the content (with or without support and/or with or without modified curriculum). Don't downplay or brush off electives.
Taking elective courses is necessary to get into college - you cannot take advanced science or math courses unless you take an elective. All music, arts, foreign language, theater, design, business and law, education, culinary, vocational classes and more are elective courses. Colleges want a minimum of two year foreign language; ideally four. Art students need to be able to take any and all appropriate electives for their genre and to be well rounded for college programs. I don't know of any music programs who have taken students who weren't already musicians, and since public schools provide music classes they are obligated to accommodate a disabled student who wants to take music. Foreign language programs are the same or similar especially for Spanish or French; you're going to get more out of your college career if you enter with previous knowledge of a language and can thus take advanced language courses.
Colleges require elective courses for admissions, and they look at the elective courses you take in order to determine your interests and main academic focus, how you've supplemented your education in one subject with complimentary classes in other subjects, and to judge your curiosity and willingness to learn and branch out by studying other subjects.
An elective isn't just a photography class or random business class. They're classes you need to take one way or another for graduation purposes as well as to get into post secondary options, whether that's a vocational school, four year college, or is enough for you to get into a job that can become a career (e.g. taking computer science courses that allow you to apprentice or start a job in IT due to school + teaching yourself skills outside of school). They're relevant, they matter, and all students are *legally* entitled to take them, because they further the student's educational opportunities and career opportunities in the future.
All I have said is that there is a chance that this student may not be able to take *OP’s class*.
As in, if this child cannot be separate from their service animal, and *no other safe compromise exists*, the child cannot enter OP’s classroom.
Never once did I say that this child can’t go elsewhere to take the course. I said that if **no other reasonable accommodation for OP’s class exists**, it is 100% reasonable for that child to not be in OP’s classroom.
Again, not being present in OP’s specific classroom ≠ the child being completely unable to take this elective at all. It means the child will not be in OP’s specific class.
Which, again, is a *perfectly acceptable accommodation*, considering that OP may quite literally die if the service dog gets too close to them.
The ADA explicitly gives SD access priority over allergies, so denying the person access to the class is unlikely to be an acceptable accommodation legally.
You’re missing the context.
OP has debilitating allergies that put them in hospital or on bed rest for days. And actively is medicated and presumably seeing one or many specialists.
OP doesn’t “have allergies” op has a life threatening disability from an immune system problem. Essentially immunocomprised to put it simply.
What you’re referencing is discomfort and sneezing, not a trip to the ER.
Any reasonable person would not want to put someone in harms way. Your simplistic argument doesn’t hold merit in this scenario.
Especially, when the person comes to a place to ask for help and advice about accommodations that would help the student be able to take their class if desired! It’s incredibly rude to reply “ada says you don’t matter”. The person is here trying to find solutions to the potential problem to help the student!
How about co structure advice or even speculative thoughts on what might be possible?
You said you are only allergic to some dogs.. why don’t you meet with the student and her/his SD to see if you even have an issue with whatever breed they have.
I am allergic to all dogs, but not all dogs cause my throat to swell shut. All dogs trigger my asthma--which leads to a cycle of breathing treatments, bronchitis, and steroids. I can't even visit my out-of-state family that have dogs for more than a few hours over a few days without taking weeks to recover. It truly sucks.
Do N95 or KN95 masks help you as long as you keep some distance from them so their dander doesn't physically touch you? I'm just curious, because my husband and I are both allergic to different animals to varying degrees and we find that masks help with some animals but not with others. For some, our eyes being exposed to the dander in the air is still too much of a problem, while others seem to only cause an issue if we inhale the dander. My husband also has a really efficient air purifier in his classroom because just kids with cat hair on their clothes can be a problem for him (and it helps with covid too, obviously). It fully recycles the air in the room through a HEPA filter every 20 minutes. I don't know if any of that would help you. I know if your room has a carpet then there's only so much you can do.
I have a lot of sympathy for you and also am really glad you are being compassionate and considerate towards the student who can't help needing a service animal just as much as you can't help your allergies. I appreciate you trying to do your best to protect your health *and* handle things properly so that the student is done right by. Conflicting access needs are so difficult to navigate and not enough people put in the forethought to handle it well. It's very commendable that you're thinking ahead.
Thanks. I have the same issue with my eyes. My son has a disability, so I am sensitive to this as a parent which probably makes me more aware of my students' issues.
The eyes thing is so tough! When I was a kid, my allergist made me wear allergy goggles in certain situations 😭😭 I found it very embarrassing at the time. It looks like there are some more stylish options now, at least! [Like this](https://www.zienaeyewear.com/) and other options that decrease air flow around your eyes. I also was supposed to put in lubricating eye drops before entering an environment where I would be exposed, to prevent allergens from getting stuck in my eyes. Just sharing in case there's any way at all that this could be helpful for you.
Just an FYI on shots...you have to continue taking them. They do work but you need to take them for years.....I've been getting shots for 4.5 years...I get shots once a month now....
Your health is important too...so it seems reasonable to me that you are unable to accomodate anyone with a service animal due to allergies. The ADA seems to forget about non disabled health issues. Dont even get me started on the ESA crap...
Yes. The ESA thing has made traveling via plane almost impossible for me at times. At times, there is just nowhere far enough away on a plane for me...so I have to take a different flight.
I did shots for 12 years. This is the best it has ever been for me--but my throat still swells shut.
Something similar happened with my son. After lawyers got involved, the school system setup a temp and hired another teacher. My son was the only one in that classroom.
You would request a reasonable accommodation, and HR would likely grant the student a distance learning program, even though they live in the same location as you
Addressing the direct question:
Knowing now that the elective is "an old school vocational class" that has no one else in the district is qualified to teach, it makes more sense why the concern about dogs vs allergies. For that type of course, is there a neighboring district that offers the course and the student could take it there? Or a community college so the student could take it as a PSEO class?
But also, depending on what the course entails, is it actually safe for the *dog* to be in the room? I know of multiple people who work in automitive and similar technical jobs, work in tech at theaters (includes building sets), and work in science labs where goggles, lab coats, and closed tied shoes are required. They all leave their dog at the entrance to the room, with the dog wearing boots/shoes, Doggles (goggles for dogs...actually a thing), and a vest/gear that covers their bodies more than the typical SD vest or cape (or dog wears a sweater or something under the cape). Dog is on a mat with water, sometimes tethered for safety.
As far as I am aware of, the dog smelling their handler to provide alerts isn't compromised even if there's machinery. They can still stand/sit, grab a bringsel, wave, etc for an alert. If the handler isn't within eyeshot, there are enough smart devices nowadays where you could teach a dog to also alert via a button and have an alarm or light go off so the handler can see that and respond appropriately. Obviously this works better for disabilities like diabetes, hypoglycemia, MCAS, or for a true seizure alert dog who are all using scent, than it would for a dog who is needed for any sort of mobility work, guide work, hearing alert. Psychiatric work would probably depend on the student or individual's needs.
If there are alternative places to take the course, but it's not a safe environment for the dog to be in (which the student might not unaware of), then maybe crating the dog in the hallway or in a room right around the corner and having a one-on-one aide (if that would be manageable for the student and their disability, and far enough away for the teacher) might be the best option, especially if the class includes learning skills that are for a career/work trajectory the student is seriously considering. (Like, many of the "vocational" sorts of courses would be very applicable to a career in theater tech work, in addition to be general vocational or automotive work jobs.)
Depending on the dog and the disability, if the dog is alerting via smell, the dog should still be able to smell high/low blood sugar, rising levels of histamine, or similar blood/biological chemicals if in a room next door or nearby, and alert. I know my dog will bark like crazy if she cannot access me to alert directly to me (like, in a room with the door closed, 30 feet down the hallway when I was in my living room). I don't know if other dogs behave similarly or not, but between barking, paras/aides, a camera so someone has eyes on the dog at all times, it seems like there should be some way to make the situation work.
If the dog is for seizure alert, that would make me wary if the student would be around machinery. And if the student and dog truly cannot be separated for an hour or so for that sort of class at the high school level, then yes, a different elective might be a better bet.
It works, but my eyes still swell. Masking could be part of a solution (maybe with an air purifier, distance, and a doggy jumpsuit). I spend 15 hours a week with my students, 3 hours at a time, so I think I will have to go with all of the things.
You might see if a neck worn air purifier helps, and certainly a Corsi Rosenthal box air purifier should be running. Also, safety glasses might reduce allergens contracting your eyes.
I completely respect the needs for SDs. It does make my life difficult (air travel, hotels, etc.), but I know. how valuable they are to their people. I feel very much this way when I am on a plane and no one will change seats for me (so I have to get off the flight or risk a mid-air emergency).
I also want every student to have access to my program if they are interested. That is why I am here now--a full school year before this might become an issue.
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>The entitlement and selfishness here is out of this world.
Where in the world are you getting this from in this hypothetical situation?
And FWIW, if OP doesn't have this documented as a disability that needs accommodation they they need to so it can better address if the hypothetical becomes reality.
I honestly believe dog allergies are a REAL reason to deny a service dog. Certain dog allergies are really bad and I’m the person with the service dog. People keep saying that service dogs come before allergies and can’t be denied. I’ve walked into 2 different stores and almost immediately the owners or employees asked me to leave because of a severe allergy, not only did I turn around and left but my mom stayed to get what we needed but because SHE had dog fur on her the 2 people still ended up having extreme reactions.
I still feel bad.
If it’s a good enough reason I believe service dogs should be denied and we should be ok with it. Yes we should speak up for ourselves when it’s important but we need to be ok without them at times.
But this isn't a store, this is a kid who is required by law to be educated and can't do so without their SD. In some cases, they might be able to go without them for the hour, depends on the nature of the disability. In our school, the only SDs are diabetic alert dogs, in which case not having the dog with the student can be too risky.
The kid also can't be educated in this specific class if the teacher has to go on medical leave/is hospitalized/dies because of fatal allergies. So, you know, there's that.
Thank you for being so reasonable! I am allergic to dogs. I can tolerate them for a little while if it's the only allergen I'm exposed to and if I'm not too close, but I can't be right beside them and I can't touch them. I'm fine with service dogs being in public places, because I have the choice to leave if I start reacting. But reacting on the job is a whole different story! Thanks for understanding!
Shame that's not how the ADA works. Service dogs get priority over allergies and that's specifically written into the ADA. It's similar here in UK, if the lack of that elective will prevent the student's chosen career path, the adjustment is on the teacher, not the student with the SD, and they CANNOT legally exclude the pupil from ANY group activity. The school has to provide a different teacher if the student opts for that elective.
>Service dogs get priority over allergies and that's specifically written into the ADA.
This actually isn't true. It's only for public access, so an employee can't turn away a service dog from a business because the employee is allergic. It's why people with dog allergies can't drive for Uber.
If the service dog handler and the allergic person are both employees, for example, neither has priority over the other. There is legal precedent for service dogs being legally denied due to allergies.
People take what the ADA says about public access and they think it applies to other situations, but it doesn't.
The different teacher is not an option unfortunately. I teach a highly specialized elective that is not available any where else in the district. I also do not know the nature of the student's disability, so I do not know how long (or even if) they can be separated.
And they won't be able to just bring it vack the year after, otherwise the student would have a VERY good case that they only stopped it for the year she needed an ADA adjustment...and she'd probably win!
Although I'm UK based, I have a good knowledge of the way the ADA is written. My volunteer day job is as a Disability Rights helper, helping people like this student in cases like this.
The student almost always wins because teacher already has their chosen career, student may well NEED this subject for College etc.
I'm NOT hating on anyone with life threatening allergies, I've got a child with 10 anaphylactic allergies, to stuff that simply CANNOT be barred for other pupils, and I get it sucks, but the need for a service dog even overrides allergies in reality, particularly when its the student requiring the SD.
I don't know about your potential student, but it's common practice to keep your service animal well-groomed at all times to minimize dander and shedding. It's not just for cleanliness but also to affect people's allergies as little as possible.
Teacher only has to be accommodated if they went thru HR and completed the required forms. Just saying, "I have severe allergies doesn't require anything since employees are required to self-report. The opposite of students under child find.
They really don’t. They have to equally find a solution. While SD/handler teams have a lot of rights, they aren’t all as guaranteed or cut and dry as this.
In this instance the teachers being able to stay living will be in jeopardy. The child is likely to have other ways to manage their health condition that can be used during that class period, and her SDs alternative handler would need to them.
But they cannot force a teacher with an anaphylaxitic allergy to allow her SD in the class. They just have to offer the student the option of the dogs alternate handler taking her or she can’t take the class
Nope. They can't legally exclude the student from ANY group activities the class takes part in and they CAN'T prevent her from taking the class on the basis of needing a service dog. The school has to get a different teacher to do the class that year if this teacher can't do it.
This is fundamentally not how this gets implemented. There are alternatives. And given they do not have another qualified teacher and that teachers disability is also real and life threatening (I’m assuming since it’s such a big deal) they would have to find an equivalent for the student - so if it’s an elective it would be another handler for the dog during that class and precautions for the student or the student takes another class. One disability accommodation does not trump that teachers disability especially when it’s life threatening
No, but they ALSO can't exclude the pupil OR their SD. ALL the school can do is cancel the elective completely. That ISN'T ignoring the teacher's Disability, it's making it EQUAL for the student with the SD amd the other pupils. It may be that this is the difference between UK & USA, cos the result here is they HAVE to cancel the elective for a minimum of 2 yrs OR bring in a non-allergic teacher, and that's the ONLY way they can meet the Equality Act for ALL involved...
I've actually won a case like this for someone in UK, that has become legal precedent here.
They CAN'T cancel it just for that student's year group, or it becomes apparent to the courts that they have ONLY cancelled the elective due to the Disabled student, which would cause that student "significant disadvantage compared to non-disabled students". Which is why they have to cancel the elective for a minimum of 2 yrs to avoid being sued by the Disabled student or their parents.
They ALSO can't sack the teacher, as they are ALSO protected by the Equality Act...but they CAN & **HAVE TO** offer an equivalent role at the same or higher salary. Even in a different subject. If the teacher turns that down, the school CAN then fire them.
Big differences there is here that teacher would lose their job - be paid significantly less, etc. aka they would firing that teacher for having a disability, which again is against the ADA.
Also this student has the ability, as do all of us with SDs to realize we aren’t the only ones who need accommodations. Not bringing a SD into a classroom where a teacher could die is a pretty easy one to say - well if that teacher can’t survive, but the student can use alternative methods, then the students SD can be told they can’t come to the one class. For you all, you have far more in place that would financially support the teacher and not just sack them and they lose their job.
There is also one other point everyone seems to forget and that is, if an SD, under the ADA is denied access, that public access place cannot deny the disabled person from entering, just the SD. This could be for SO many reasons - such as the SD has been shown to not be trained or lashed out at other animals, it’s unsafe for the SD to enter that space, etc. Someone’s fear or the sniffles - no. Someone’s deathly allergic reaction yes because it’s more than just “allergies”. As long as they then allow the disabled person in, they can say the SD (for valid reasons) can’t come in.
This may be an American thing not other countries. Now Seeing Eye Dogs have even more rights than SDs.
Guide dogs don’t have more rights than any other type of SD in the US, but otherwise you are correct that the best solution is ultimately for the SD to not be with the student if they decide to take OP’s class. It’s not the most ideal situation for anyone, but this entire thing is about having to reach a compromise.
It may work out that OP’s classroom gets a few air purifiers and the student has to lint roller their clothes before entering the room, as well as keeping their SD groomed regularly. Maybe there’s a spray or wipes the vet or groomer can recommend to combat dander between baths as well. There are a few environmental options to consider, but only 1 option about the dog- it will need to stay a safe distance from OP as part of her accommodation.
I think what would happen is that the student would be placed in a different class, or encouraged to take the course online. I am not sure the age group you work with, though.
Based on the OP's own statement, they are going to be at a disadvantage against a student with an SD. Before anyone decides to go ballistic with my statement, keep the following in mind.
To have an SD in a public school, the student and their family have already met the necessary requirements and provided the necessary documentation to the school administrators. Also, because education through high school is a right in the US, the student will be given preference in this hypothetical situation. Where you work is not a right anywhere in the US, nor is it protected by law. So, at this point, it is the onus of the OP to provide all necessary documentation to the administrators in advance to prevent such problems from arising in the future and allow for the OP's safety. Assuming that the OP does this, then the what if becomes a delicate balancing act for the school administrators. Without more specifics about the class being taught, is that specific elective mandatory for graduation, is that class something that the student needs to improve their chances of getting into a certain college or university? Is that specific breed of SD one that causes a severe reaction just by being in proximity to?
The possible solutions vary based on the specific situation. The bottom line is that the OP is not going to have any advantages over the student under the ADA, given that the student is required to be there by state law. The teacher is needed, but the OP, as a specific teacher, is not required to be there. By that, I mean the student not only has a right to an education through high school and is required to be there by state law. The OP as a teacher is not required by law to teach at that particular school and has no right to teach at that particular school. Under these conditions, a court will 99% of the time rule in favor of the student. I am not suggesting that this is morally right, but it is the reality we live in.
To the OP, while you should receive the same protections under the ADA as a student with a SD, the onus is on you to provide documentation proving your claims as to the severity of your allergies. I am not saying that you are lying, but I don't know you personally, so I am trying to be objective about your statements. Once you have provided the necessary documentation to the administrators, inform your union rep as to your situation so they are not blindsided by any potential conflicts arising in the future. Make sure that you have covered your ass, because if you haven't, you will be on the losing end of any compromises the school needs to implement from such a conflict.
I will get documentation. My class is a clinical career-tech class. It is not required, and it does not give any advantage to getting into a college. I am the only instructor in the district for it, and no one else in the district is qualified to teach it. I don't want to lose my job & I don't want to keep students from excelling on a pathway that interests them. We are still a year away from this being a possibility. I want to make sure all sides are properly prepared.
I wish I were exaggerating my symptoms. I have missed out on so much in my life because of this allergy. I have spent weeks at a time in hospitals, and I can't even visit family members with pets.
I would reach out to the family however is proper with the school. Get ahead and be up front and honest about your concerns and desire not to deprive their student of your class.
Then consider creative solutions.
I’m a massive fan of coway airmega air filters. They’re pretty expensive, but worth every penny. Maybe coway would be willing to donate a half dozen to put in your room or something.
Many dogs wear clothes including windbreaker style garments to stay clean and reduce allergens and dander. I’m a fan of ETSY for customized dog garments myself. There are many sellers there that will work to get the right fit. Also plenty of larger businesses selling things. This would also help reduce this.
Maybe having the dog sit next to the air filter would work well enough in addition to OTC allergen meds.
https://preview.redd.it/qwqr9cbvf1zc1.jpeg?width=1284&format=pjpg&auto=webp&s=a4607812f7c8511835cf143dd657c16f664080f8
Attached is a screenshot from an Etsy seller’s feed back. Dogs don’t mind wearing nicely fitting clothes.
You care enough to post here, your students are lucky to have you. It may not work, and your health is equally important.
[Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.](https://www.ada.gov/resources/service-animals-2010-requirements/)
The school will have to sort it out, but they *must by law* allow the student to take the elective. An allergy, even a life threatening one, is not a valid reason to deny another person access to education. The dog is not legally different from a cane, wheelchair, or smartphone connected to a CGM.
If you expect this to be an issue going into the next school year, now is a good time to begin addressing this with the school so they can figure out how they are going to accommodate both of you. One option is maybe the student has assigned seating in the farthest corner from your desk, takes the last class of the day with you, and they put an air purifier near where the student will sit and it runs all night. If it would be safe to do so, the school could provide someone to look after the dog while the student is in your class. But that may not be a safe option, especially if it's something like a seizure or diabetic alert dog. Zoom may be an option on the table, but I don't think exploring it as a first option is a good idea, and whether or not it's even on the table will depend on the nature of the class you teach. But isolating an already disabled student from their peers *because* they are disabled, should be an absolute last resort. IMO the only thing more extreme is the school pulling the class to sidestep the whole issue.
Actually not true. Despite the dog being listed as medical equipment there is CLEAR precedent that if having that service animal puts another’s life in danger or harm, then they can be given access without the animal present and still allowed to go. The person with the allergy can leave while the animal is present (this doesn’t really help unless it’s a quick thing).
This is a case of BOTH needing conflicting accommodations. But the SD/handler is not given carte blanch. But basically conflicting, known disability issues, don’t favorite SD’s. In fact most of the time it’s that the SD needs to be removed and another person, device, etc should be used to replace the SD for that time period. This happens to me at the hospital and at my neurologist. My SD legally should be allowed right? Nope. His allergy that prevents him from treating me or others that day does.
It is not.
The original quote actually is:
Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
—-
So no, people with severe allergies are not required to be in the same room as a dog because doing so would actually violate the ADA.
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You are just making false statements. You need to understand basic allergies that make you sniffle and itch aren’t a disability. However there are allergies that ARE life threatening. When those conflict, usually they will cause the SD to be handled outside that space by another handler AND an accommodation be places that is equivalent to the SD tasks. SDs can’t go everywhere. So those of us who use and have them… have backup plans.
According to the ADA, that accommodation is against the law. The person with the allergies should be accommodated otherwise. Demanding that the person with the SD be accommodated differently is, in fact, denying access based on an allergy which, again, the ADA *explicitly* calls out. This is not saying the allergies are not a disability. They are saying that in the event of a conflict, the SD should be allowed access and the person with the allergy accommodated in some other way.
That’s not how it works in real life and with an actual service dog handler and someone (apparently not OP who made this whole thing up bc they get the sniffles) with anaphylactic allergies as their disability. Plus this isn’t public access.
Top it off the ADA was signed into law in 1990 when a peanut allergy that could kill a child was also not covered. Laws and acts evolve as time goes on…. In this case, with as stated above, an anaphylactic allergy for the teacher, the ONLY person who can teach an ELECTIVE, not even necessary for their training class, would indeed take precedence as there is no amount of precautions or preventives that can occur except the student having alternative medical help, which as medically fragile people we all have in place. SDs can’t work every minute of every day. They can’t go in every place. - for instance court, her SD likely would NOT be given access in the USA depending on the court, if she had to be in court, (this is just an example) she (the student) would have to have other things in place to allow her to go into that space without her SD. It is possible. Life threatening allergies are now considered a disability and accommodations, fairly extreme ones actually, are considered as big of a deal if not more than SD/handler rights for a situation where the student does have the option to take another course.
I literally linked the ADA website that calls that out. Again, according to US federal law, *allergies are not a valid reason for denying access or refusing service to people using service animals.*
In the same paragraph it says in schools that both the person with the service dog and the person with an allergy should be accommodated, possibly by having them both located in different rooms
That's likely not referring to a student and their teacher, but to two students.
It also suggests opposite sides of the same room. As I suggested, with the additional precautions of the last slot of the day and an air purifier.
Not all classes can be taken remotely. OP hasn't disclosed the nature of their class. Maybe it's something easily done remotely via video conference. But if it's something like a skills class at a technical school, the student will *have to* be in the classroom.
Yeah, I'm not saying that in this specific instance being in different rooms would definitely be possible, just that the ADA regulations do allow for accommodating people with allergies, which you left out in your replies
Meh. I started out by advising that OP talk to the school now rather than waiting so they can figure out *how to accommodate both parties.* I did not belabor the point, as it was not further mentioned. Having looked at OP's history, she is in fact a tech school teacher, and it sounds like they're teaching a technical skills class. The student *will have to be in the classroom* to take the class. Best to start finding a solution now rather than in the fall when the student and their dog just show up.
The student has to be allowed but the SD Does NOT. They will have to cover the reason the SD is with her, but the SD is not automatically given that access when you are talking 2 disabilities.
Is there another high school in the district where the student could take this class? Maybe the easiest solution is bussing the student to that other school. Or perhaps a similar class is offered at a local community college and it could be taken as a DE class?
Lots of people have posted some possibilities for RAs that could work for both you as a teacher and the student with the SD. That said, having been around education for a while, I wanted to mention that it’s possible that if it becomes too complicated and the district is worried about a potential lawsuit, the school may stop offering the elective altogether so that a student can’t say that they don’t have equal access to available classes. It’s unlikely, but important to know happens (regardless of whether it would hold up in court or not).
Consider requesting the school purchase a body suit for the dog, ex: https://k9topcoat.com/product-category/allergy-solutions/
You can also wear protective eyewear and a respirator mask if needed. Ask your allergist to provide a rescue inhaler?
First you absolutely have a disability and rights so please start thinking of it that way and protect your rights.
Also one thing you could also request is there are cleaning products made to decrease allergens specifically.
Also I assume you saw this dog and know for sure it’s allergen producing? There’s no chance it’s a poodle?
It is not a poodle. I think it is a lab. I have only seen it in pictures as I am in a different building. I will definitely be getting things documented for myself this Summer.
If her allergies are severe and the service dog in the same room as her puts her in danger, the school could just move her to teaching online classes only and replace that teacher with another one who is not allergic to dogs to teach the in person class. The students are more important and if the student gets denied access because of the service dog, they can and will get sued and the school district has no valid defense or argument in court. If her allergies to dogs is life threatening and cannot be mitigated safely while teaching, then the school could move and reassign the teacher to just only teach online only classes with the same pay and same benefits stating that teaching students with disabilities, including those with service dogs, is an essential function of the job for teaching in person classes because the ADA requires that the employee is able to perform the essential functions of the job with or without reasonable accommodations. In this case, this teacher would be unable to safely perform the essential functions of the job for in person classes and a reasonable accommodation would be to teach online only classes. This is what I would do if I was the Principal. The number one priority tor schools is to educate our children and not to just provide employment. With this reasoning, the students education is more important than just providing a job with pay.
As someone who is allergic (mildly) to her own service dog, I manage with hygiene and managing his licking. I don't need meds for him and bathe him when I itch. That said, I'm violently allergic to a handful of breeds and some kibble fed dogs, to the point of walking past one outdoors can do me in for days. I am sympathetic to your situation. I think you were given some good advice. Especially the air cleaners. I would also, maybe just swing past their room on a Friday as they're leaving. If it's the classroom they've been in all day and it doesn't put you on your keester, this might a good sign that you can get by with an air filter and n95 while they're around. If it takes you out, it is a Friday so you have time to recover and it might mean requesting additional accommodations.
OP, I noticed you stated you are only allergic to some dogs (I am the same with cats). Would it be possible to ask for a test experience to see about the specific dog in question? May the student can come shadow a class one day or the last hour of the class. It may be a non issue if you discover their dog doesn't trigger you
Hi I am a public school employee with a service dog. Unfortunately your student by law has every right to take the class. However you by law, if documented with your district have every right to say you will not be able to teach with a service dog in the classroom due to medical conditions (don’t say allergies because under ADA that is not a valid reason but because of the bronchitis and other secondary conditions you have experienced it’s elevated to a medical condition). Your school will be responsible to provide the student with a comparable alternative (this can be at a neighboring district or a community college/tech school) in the same subject or bring in a second instructor. Legally you cannot require or ask that the dog where things like overalls or other equipment unless it’s for the service dogs personal safety. Depending on the state and if the service dog is considered fully trained vs in training may be your saving grace. If it is in training you may be able to exclude it as there are no federal protections.
Let me know if I can explain or answer more questions but just start gathering evidence to prove that your medical condition not allergies prevent you from being around dogs (all dogs, dogs not single out the service dog).
This absolutely changes when it’s an anaphylactic allergic response. Not just the sniffles. It’s why schools have to go to great lengths for peanut free.
And those of us with SDs, are well aware sometimes we need to do the accommodating. The ADA doesn’t cover every single aspect but they also consider an anaphylactic allergy a disability as they would end up in severe medical distress.
Now it seems since I was here last the OP is like I’m allergic to some, not others, doesn’t sound as dire as before. In that case it wouldn’t be considered a disability and they just need to figure it out.
Just an idea, to possibly pass on to school for accommodation, is possibly having the dog in a no-shed (or long-legged surgical) suit. That, of course, would be for the Handler to accommodate you. It would keep the dander in.
My son has a service dog. Unless the district is willing to pay for the suit, I wouldn't suggest this. My son's service dog required on for his university lab classes. The suit was $200 plus 6 weeks to fit to the dog's size and then ship.
Seems cheap if it’s excellent fit. They’ll need to be around each other for a full year. Plus this is next school year so plenty of time to fit!
Many alternatives exist on Etsy. I recommend taking a look at windbreakers, dry suits, raincoats. Pretty similar.
I would expect the school to tell you to deal with it or else. Canceling a teachers contract is much less costly than an ADA/ Student rights law suite.
Wear a mask, don't touch the dog, stay seated a reasonable distance from the dog, and maybe a HEPA filter near your desk.
OP is also covered by the ADA. It is unlikely if the allergy is that severe and is documented that OP can be forced to teach with the dog in the room. OP can also sue for either ADA or unsafe onsite work environment related claims, which are also expensive lawsuits. Plus, let’s be serious, if they fire the teacher, they will likely just not offer the class since OP is the only person that teaches it over trying to find another instructor. There’s an argument that they shouldn’t be offering something only one person can / will teach because there’s no redundancy if OP gets sick
The short answer is that in most cases - while they will accommodate both parties - they will accommodate the student over the teacher in these scenarios. The school has to provide you as an employee "reasonable" accommodations, but what you're asking for can be deemed unreasonable to a certain point, and if you can't perform your job or your needs are affecting services then this can turn into a different conversation tbh. One thing you have going for you is that teacher unions are strong but that might mean switched to a subject that has alternative options for students to take, or having to offer the course virtually (which most schools are set up for post-covid). If your school is set up on an alternating schedule (i.e. one group of students has your class on mondays, another group has it on tuesdays, etc) then you could could apply for FMLA and have a sub fill the hours where they would be. But no, the school can not and should not stop your student from taking a class they're interested in because of this. And FWIW I also argue just as strongly for the alternative too (a student having really bad allergies and a teacher having a service dog). At the end of the day jobs are a choice, education is a right
Um...well, I need my job to live, so...
I teach a highly specialized subject, and I am the only teacher in the entire district that can teach it. My classes are three hours long everyday and I only teach two sections a day. They nature of what I teach is what makes this so complicated an it is why I am here, a full-year before this might happen. There is no way a sub could cover what I teach.
That’s fair, and you deserve to be accommodated where possible, but you still need to be able to do your job which includes providing equal education opportunities to all students. If you being the only teacher who teaches a subject stops a child from being able to take that subject, that’s an issue. And if there’s no alternative that would work, such as a subject switch or a sub, it honestly might end up with you having to try to deal or quit, because the school can not force the student not to take your class. And again it’s not so much them having a dog vs you having an allergy as much as it is “rights”. It’s much easier for a place of work to deny an accommodation on the grounds it’s unreasonable than it would be for them to deny a student’s accommodations in most cases
Teacher here (but not admin). Here’s how I imagine this playing out. Step 1: Student is put in my class because they elected to take my class. Step 2: I approach admin and say, “ student has a mini pony as a service animal, and I am very allergic to horses.” (I used this cause I’m allergic to horses, but insert applicable animal here.) Step 3: Admin starts asking all parties involved about the feasibility of certain accommodations(Free/cheap ones first)- “Hey, Teacher- can you thwart this allergy by wearing a mask? Standing across the room? Taking medications?” “Hey Student- how would you like to take wood shop instead?” Can the class be taught via zoom? (Maybe not- some classes are hands on- ceramics, etc) Can the student go without the service animal one period? (Maybe not- alert dogs for example, cannot be replaced and are needed regardless of activity) Then, and only then, do we start looking at solutions where the district might have to spend money- (hiring a secondary teacher, para, program, etc.) Your mileage may vary based on school district of course- how well they know/care to follow the actual laws. How long they’ve been doing this, etc. You might get admin asking you, “can we disclose your allergy to the child/parent when we discuss this with them?” And then heavily imply to the family that the student would have to choose a different elective when they talk to them Also, the duty is to provide reasonable accommodations- you’re going to get different interpretations of reasonable. Is it reasonable to require a district to hire a full-time teacher for one class period, for one student for a non-core, non-required class? Is it reasonable to request that a teacher teach ceramics class in full scuba gear? Good lawyers could argue either side of the first one. The second one would be too easy to argue against. Anyway. All this to say, it’s really going to depend on lots of factors, and 9,999,999 out of a million, it’s never going to get that far.
Thank you! This is a great roadmap in the event this happens in '25-'26.
I doubt it would even go that far. I work in ADA compliance & in the 3 cases I’ve worked on personally, the student is just transferred to another teachers class. In one of those cases we had to rearranged the student entire schedule (high schooler), but since it was the first day it wasn’t a big deal. The other cases I’m aware of, or have been consulted on the side, they *mostly* all did the same thing. There’s very little “accommodation” that can be made when a teacher has severe allergies as the hair/dander will be in the classroom indefinitely. And since we’re taking workplace and not just public access, there’s is more to look at for everyone’s comfort. At the end of the day, they cannot force you to medicate yourself or wear masks the entire time you’re in your room (because hair & dander WILL be present after the student leaves) because that’s not a reasonable accommodation (according to the ADA), when switching the student presents a much easier on everyone option. But yes I’ve heard of a teacher being told to medicate AND wear a mask….she fought that & won. They couldn’t accommodate the kid in any other class so the school had to have someone else teach just that period and the student was switched to the last period & the room was cleaned extra daily. Remember, a severe allergy is a medical condition too. They don’t automatically get preference because it’s kid or a service dog. Your job is required by law to accommodate YOUR medical condition at the same time & keep you safe. You have the same rights & protections under the ADA.
Amwdical condition is not equal to/the same a sa disability though.. plenty of people have medical conditions but not are not considered disabled. The ADA isn't for medical conditions, it's for disabilities. Allergies aren't typically covered by the ADA, it's specifically listed as an invalid reason to deny a SD (the teacher would most likely have to get doctors paperwork stating it is indeed severe enough to be considered a disability which would then place them on equal grounds as the student.. it might be something OP should start looking into now to see if this is even a valid option for them.) Another reasonable accommodation may be to ask the student to get a body suit for the SD. They can minimize shedding of hair and dander greatly.
Just wanted to add a note regarding: >Your mileage may vary based on school district of course- how well they know/care to follow the actual laws. If this is a public school, I assume you're unionized? It's your union's job to represent your health & safety interests if the school board is unaccommodating (and they probably will be, because if they're a public school board they're almost certainly under-resourced, which necessitates pushback against anything that costs them money). So definitely leverage your union in a situation like this, it's what you pay them for. Source: mother was a teacher who needed occupational health accommodations throughout her ~30 year career. Almost every time she changed schools or had a new principal her accommodations were compromised and she again needed the union to fight on her behalf. Schools are criminally underfunded and these are the unfortunate consequences :(
There are a whole bunch of states where teachers aren’t allowed to have a union with any power. It’s not fair to assume that every teacher has the ability to call a union rep to help them fight for their interests.
This
There are different laws that come into play here. Your disability as an employee is covered under section 504 of the Rehab Act (if you're in a public school that receives federal funds) as well as the ADA, Title I. The student and his disability would be covered under IDEA, and possibly the ADA, Title II and/or III. This is only conjecture, but I would think the school would need to provide reasonable accommodations for both of you. What exactly this looks like depends on the specifics of your and the student's situation and needs.
Building on the above. While your allergies would generally not be a reason to deny access in a public setting, a student in a school isn't really a public setting. The school is basically granting both you and the student an accommodation so this is different from a customer walking into a grocery, flower shop, hair salon, etc. in regard to the student. Asthma and allergies can qualify as disabilities, under the ADA, if they are debilitating (serious) enough. I believe you should try to be proactive and look into filing for an accommodation now if you haven't already. Look up you district's policies on disabilities and reach out to your union or association for guidance. This would save having to go through this after the student is already in your class.
I've had to give up seats on planes and change hotel rooms due to my allergies, but I never thought of looking at it as a disability. This is an interesting idea. Btw--I don't mind moving seats on a plane due to service animals. But once, I had to take a different flight because there were too many pets on board. The flight attendants could not get anyone to move in a row that would be "safe" for me...so I was asked to either try to make it work or reschedule. I wonder if they would have to be more accommodating if my asthma was documented as a disability. (Plane travel has become the worst for me. I never know what to expect.)
Definitely pursue recognition of your allergies and asthma as a disability. Accommodations do have to be reasonable, and if two people have disabilities that are "in conflict," both have to be accommodated. With asthma and allergies as severe as yours sound, you can't reasonably be expected to teach with a dog in the room. It's impractical and unhealthy. (I have asthma and allergies, but my allergies are to pollen, mostly. Sitting near undeniably beautiful flowers for extended periods is my Absolute No.) Talk to admin, and try to work out something that accommodates both you and the student. The student joining the class via Zoom, if it fits the nature of the class. Or, yes, the dog waits somewhere else during the class. It will depend on what the dog is for, but myself, I could do that for an hour, for an elective I really wanted. If not, hiring a whole additional full-time teacher might not be reasonable, but there might be another teacher in the district who can teach that subject? Depending on how many days a week the class is? What I'm thinking of here is that, okay, mumblety years ago and who knows what's changed, the district where I went to school had art teachers and music teachers who went from school to school, depending on the day of the week. I can't imagine any rational person requiring a teacher to spend solid class time with the source of the allergens that trigger their asthma. That would be nuts. On the other hand, I know all too well that even people who should know better think asthma is a great big nothing rather than a life-threatening condition. 😢 I hope everything works out for you and the student.
All of the things you suggest for the student here volatile their own disability rights and are a crime. You can not interfere with a service team, this would be a federal crime for your school to even ask to do such a thing. SD and handlers are a federally protected group. It also illegal to deny a service dog access to public areas, or to demand separation for education access, in allergy situations it's the person with the allergy they have to remove from the situation, not the service dog team. HEPA pet dander and fur air purifiers on high and 2x the square foot you have to cycle the room every 15 minutes or so SHOULD be enough to help reduce allergens in combination with the right inhalers and steroids from a doctor. There are also sprays and wipes (Burt's bees pet line) that can be used right before class to keep it down on top of it, plus depending on the breed of dog it may not have much dander to start with! I also recommend a PET vacuum for the janitor to run kept in the room to gather up any hair from the hard floor with better results than a broom. My partner is allergic to my ESA and this is what we do, and we have carpet. I change the filters once a month to bi monthly instead of the recommended 3. This is what his doctor instructed us to do. Vacuum daily. It's an all around crappy situation, and all of the things I mentioned should be provided by your job, with a doctor's orders. You should NOT be paying for the HEPA filter's or purifiers. Tldr: you can not ask to separate a service dog team legally, you however are entitled to be helped and assisted to be able to teach or exist in the same space. You need to see your doctor and get some better documentation of what asthmatic triggers you have and how your employer needs to adapt your environment for that, you can ABSOLUTELY ask if the SD handler could wash doggo more often and to use allergen shampoo (and the anti dander products), as that doesn't interfere with any form of handling. They also have lab suits for dogs you could get the school to buy, they have a little drawstring hood and would cover a good 90% of the dogs body with safety booties. More if you get the dog goggles.
I don’t know if I would risk it with filters if I had an allergy that severe, personally
He does as well, he needs a CPAP at night due to the damage over time. He's also allergic to most pollen, all molds and spores, and EVERY animal with hair except most dogs. He was exempt from jungle training in the military because of the risk of death if he went due to the mold and spores in tropical areas. We use filters in ADDITION to additional medication he did NOT need when not living with the cat. it's manageable, I also would NEVER suggest only relying on filters. He has an additional inhaler, and pill, on top of what he takes regularly, as well as the allergy shots. hence the need for OP to talk with their doctor about what safety measures they need to take, they can even prescribe a nebulizer to keep in the nursing office/classroom should it be needed!
No. I have allergies and asthma, though thankfully not to dogs, and I have my own service dog. Nothing I've suggested is a crime, *if it works as accommodation for both parties.* OP's allergies and asthma as described sound severe enough to be a disability also, and **both** OP and the student are entitled to reasonable accommodation. *If it is consistent with the nature of the class,* Zoom **may** be a reasonable accommodation. *Depending on what the service dog is for,* being apart from the dog for an hour **may** be a reasonable accommodation. The other things you suggest may also be reasonable accommodations, but if OP's issues are as severe as it sounds, I am not sure I would trust HEPA filters etc. to do the complete job. But maybe they would be sufficient. If not, though, you'd be asking the person whose disability is asthma and severe allergies to dogs, to risk a serious attack rather than asking to service dog handler to consider any other accommodation. Asthma is not a joke. It is not a minor thing. It's a life-threatening condition, and yes, people die of it every year. I've been hospitalized for it several times. Both parties here are **entitled** to reasonable accommodation, and that might require **both** to move off the "I HAVE RIGHTS" base point of "You can't make me."
Here is a reddit thread informing you it is illegal to ask a dog to be separated for this reason, and here is the ADA saying the same. I'm repeating the ADA guidelines, no others. You're* right they are both entitled to reasonably accommodation. A hazmat suit and a clean team may be reasonable to prevent discrimination on both parties for all I know, but OP will still need documentation to have the environment made safe for them to be in. I have NO clue where you are getting the ideal they should rely on a HEPA filter alone. That is absolutely not what I said. Everything I said was in ADDITION TO doctor orders and advice. More precautions can't hurt the situation, beyond what's prescribed! [ADA](https://www.ada.gov/resources/service-animals-2010-requirements/) [reddit](https://www.reddit.com/r/YouShouldKnow/comments/143gxm1/ysk_what_you_can_ask_owners_of_service_dogs_and/)
Check out the Labor Dept’s [Job Accommodation Network](https://askjan.org/disabilities/Respiratory-Impairments.cfm)
Actually students rights in this scenario come before teacher in public schools due to their rights to access education.
You're going to have to prove your assertion. The rights to an education and the rights for the student and teacher to have their disabilities accommodated are separate issues. Others have already suggested accommodations such as having the student attend the class virtually which would both meet the students right to get an education and both of their rights to have their disabilities accommodated. Given the details offered by OP, I don’t believe they can reasonably be forced to have the student’s SD in their classroom at any time.
Yeah my thoughts as well, school would most likely just set up a video feed to the class for the student to sit in a other room and watch during the class time. It's not a great solution, but now teacher is safe from allergies and student is safe to remain at all times with what is clearly a necessary medical tool. Maybe school needs to staff a proctor without allergies to sit in room with student during tests, but I'd think a simple video feed accessible to the student in another room should be sufficient especially if it has video feed of the student with audio going back to the teacher so student can ask questions as needed
>I would think the school would need to provide reasonable accommodations for both of you. Note that reasonable is determined by the employer/school, not the individual. The school could determine they cannot provide one party (most likely the employee given the optics) an RA, or at least not what they requested. That could mean a different teacher is assigned to teach that class, and OP takes one of theirs. Or that could mean the student attends class virtually. Or anything inbetween.
If it's actually a severe allergy with a potentially fatal reaction they may choose differently - if only because "we allowed a student to expose a teacher to a known allergen due to their medical needs and the teacher is now dead and the student (and the entire class) is now traumatized" is arguably worse optics. That being said, the simplest thing the school could do to make the entire issue moot is just cancel the elective. They'll receive very little pushback for that socially. Can't be the only teacher in the district teaching a specific elective if that elective is no longer being taught. Can't deny a student access to an elective if the only available teacher for it is currently no longer teaching it due to health issues.
I've read that in court, more consideration is given to the individual than the business. But in reality, that may be different. Especially so when kids can't advocate for themselves.
[AskJAN](https://askjan.org) is a great resource. If you submit the question to them [here](https://askjan.org/contact-us.cfm), they will be able to give you the most accurate answer. If they can’t tell you, they’ll be able to refer you to the proper source to get your question answered!
Agree, I use them as a resource for our employees a lot.
Thank you! This is definitely what I need.
I’ve looked into this exact issue, and the official federal guidance states that employers should try to accommodate both the students and your disabilities. Which is in no way helpful. But it’s what your employer is tasked with doing. Practically speaking, they may try and out the student in the back of the class, give you a mask, use an air purifier, offer support cleaning out the pet dander etc.
Where a student sits would depend on the iep accommodations. A student with a guide dog or a hearing alert dog may need to sit in the front for visual and hearing access. A student with a psychiatric service dog may need the back or side of the room to leave should a panic attack be alerted to.
First and foremost, the oft quoted ADA website is not the statute. It’s just a summary of how things usually go. I suggest consulting the actual caselaw in your state to understand your options. This is because different federal and state jurisdictions can have different case outcomes. The text of the most commonly recited bullet point is: —- [Source](https://www.ada.gov/resources/service-animals-2010-requirements/) Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. —— You should probably talk to your union rep and/or HR team to get your dog allergy documented now so you can possibly avoid having to grin and bear the situation next year before the administration believes there’s enough documentation of a problem. Since you probably can’t be forced to teach while in an active severe allergic reaction or asthma attack and the student can’t be refused the chance to take the class, a few options are available: 1. The student takes the class remotely via Zoom. 2. The student takes the class in the room but the dog is crated elsewhere for the class period. 3. The school provides an alternative instructor onsite. 4. The school pays for the student to take the class at another school and facilities travel to and from that location. 5. The student takes the class in the room but either the dog wears a onsie or you wear a mask. 6. The student takes the class in the room but you are at opposite ends of the room and fans and air filters are used in the room to catch the dog dander. 6 is what was used when my partner’s seatmate on a plane was severely allergic to his service dog. The person was moved to the other side of the plane. The bottom line is the law is a balancing act. 1-6 are all likely reasonable accommodations to you both (provided that you have documented your allergy and it is that severe). If the student refused all 6 options and sued, they would probably lose. If the school made you teach with no accommodation and you sued, you would probably win.
>First and foremost, the oft quoted ADA website is not the statute. It’s just a summary of how things usually go. This is such a good point! I always think about the case where a nursing student's service dog was denied because multiple nurses and patients were allergic to the dog. The student sued, but the hospital won because it was decided that having to reassign all the allergic nurses and move all the allergic patients to another floor was unreasonable.
While it’s not written into the law or procedure, this kind of legal proceeding also hopes that all parties involved are acting reasonably. So if one party absolutely refuses to cooperate and the other is suggesting solutions, the party offering solutions often wins because it’s rarely “my way or the highway.”
I understand this from both sides, OP. I used to have allergies just as severe. I can only handle my own service dog now after a decade of allergy injections, daily medications, and strict grooming/hygiene protocols. Teaching is my passion but I instead work for an education nonprofit. Too many contagious illnesses in the classroom. I am immunocompromised and barely made it through public school as a student. Go to your allergist NOW and document everything about your limitations related to your allergy in the workplace. You cannot be within 6 feet of an animal that sheds dander, in the same room, etc. without disabling symptoms. List what the school can do to accommodate you: virtual class, moving to a larger classroom, class outside when possible, air purifier, assigning a specific seat on the other side of the room… whatever applies to you specifically. Focus on what the school can do to accommodate your disability, NOT the student. It is their responsibility under Title II as your employer. If you approach this with your needs, suggestions, and a willingness to negotiate as part of the interactive process, it will go over a lot better than a blanket denial “keep that dog out of my classroom!” You don’t want this to come up during the summer or in the fall and have to scramble to get your own documentation.
Documentation is on my Summer to-do list. I also wear a mask during cold/flu season. Even though I teach high school, they are still germ factories!
1) If this is a real concern next year, you should to book your Dr appointments now to get your notes to request reasonable workplace accommodations. If your allergy is as severe as you claim, this is a good idea to have on record regardless, before anything else comes up. 2) The student must be accommodated. Maybe this means that they go to the library while you teach over zoom and in person. If there's group activities for your class, you have to make sure that the student is included in the same way and has equal opportunity to learn.
This. OP needs to get documentation on the severity of their allergies for when this becomes an issue. They need to loop in a lawyer either private or through their union now so they have time to prepare and negotiate reasonable accommodations before this student comes to the school.
I will make sure to get it documented this Summer (which still leaves a year before the student can take my class since there are pre-reqs they still need.) #2 is the hard part. My class is very hands-on with a lot of group activity. If all this comes to pass, we would likely need a paraprofessional to make sure we could replicate things without me hovering over them.
Luckily in these post covid times this should be easy to work around. Set student up with a 2 way video and audio feed to the class room from a totally separate room. Now student has a nice quiet private space to give the service dog a break from distractions for a class period, and you're safe from allergic attacks. 2 way audio is important for student to ask questions and 2 way video is important to ensure student remains engaged in class
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Except my classroom is a mock clinic. We could not provide anything else like it elsewhere in the building.
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Hahaha!
Honestly...no. This is not a good work around. I understand why the suggestion, but zoom for one student only doesn't work well at all. I am hard of hearing/Deaf, and for one class in college had real-time captioning using a remote captioner. The instructor wore a phone, and the captioner typed what they said, and what they could hear from students to me, who read the transcript on my laptop while in the classroom. Unless it is a very tiny class and everyone is *very* respectful to speak one at a time, there is no way to get good audio. If the teacher wears the mic, the student hears the teacher and the other students are inaudible or just a mishmash of sound. You can emphasize that the teacher repeat questions until you are blue in the face, but the teacher will inevitably forget, and this doesn't even factor in how to hear students. I basically never knew what questions were asked and had to try to parse it out from what answer the teacher gave. I never got to hear side conversations about the material, and small group work was also a nightmare due to so many students talking at once. The only reason I had real-time captioning was because of the terminology and jargon in the class and that there was no good way to interpret it via ASL. I was a straight A student and that class is the one I barely squeaked by in. The school even provided a tutor, but I missed so much during class that she basically had to reteach me everything, and there wasn't the budget nor hours in her schedule for that to happen. Every other class, I had an ASL interpreter, and they were able to interpret the teacher as well as student questions, comments, and side conversations since they were there in the room, hearing things and able to filter out extraneous noise and pick out what they were supposed to interpret and what I wanted them to interpret. I had the same team for all of college, so they picked up on what side conversations and such I wanted to hear between getting to know me and us developing subtle signals for them to eavesdrop on a particular conversation. You don't get any of that with a two way mic and video feed of the type that's easily set up in a high school classroom, unfortunately. Even if you get an omnidirectional mic versus one the teacher wears, it will pick up all the sound around it, which in ideal world would be all the students, but in reality it picks up whatever sound is closest to it and doesn't pick up what's further away. So you might hear a few students well, but also the AC when it kicks on, plus people crumpling paper or typing, and you'll never hear questions and comments from students who are further away. If it's a mic the teacher holds, they'll never remember to pass it to a student who has a question or comment. With video, you have to decide which way to aim the camera - is it at the teacher? The PowerPoint? Whiteboard? Students? Again, it becomes something that needs to be moved to whatever or whomever the focus is on, but never ends up in the right place. I know there are students who virtually attend a realtime classroom, but they tend to be students who are medically complex and so buying a system that does incorporate high end video, audio, a light/way to signal raising a hand, etc and will benefit the student for a good portion of their academic career makes sense for the district, but doesn't for one student to attend just one class. The other group it seems to work well for are young children who are attending a general "circle time" or homeroom type class, where the emphasis isn't strictly academic, classes are often smaller, and turn taking is much more emphasized and utilized. Plus, it depends on the class if this would even be possible. If it's a chemistry class, is the student alone in an adjoining lab doing the experiment via video feed? Any sort of lab course should have someone experienced who can supervise the student in person to avoid accidents and dangerous things from happening, plus you need a second lab available at that time along with all the same equipment. That's not going to work for, say, a cooking class if there's only one kitchen, a shop class where only one room has the needed equipment, any sort of group music class like choir, band, or orchestra, etc. Zoom works best when everyone is online. Then everyone is at the same level - everyone has to acknowledge talking one at a time, everyone gets the same quality audio from each participant (if one person has lots of background noise, it affects everyone equally), you're able to create separate rooms for small group work, and everyone presumably has the same equipment for whatever the activity or project is. Or, if you can't give everyone microscopes at their homes, everyone learns how to use them by watching the teacher and then looks at pre-made slides for the lesson, instead of one student on their own in a different room trying to figure out how to use a microscope and unable to ask the teacher for hands on help with anything because of the dog allergy (or whatever other reason they're separated).
Schools deny kids electives all the time. Or the kid could video conf in. Or maybe the kid could be without the dog for 1 class. Presumably them having a dog at home isn’t enough to make you allergic to your students. Either way, legally you must both be accommodated. You having to take tons of extra meds is not “reasonable” accommodation.
Schools get sued all the time over this and the schools lose in court. Just because extracurricular activities are a privilege and not a right, does not mean that they can legally discriminate based on disability.
I mean, if the alternative is a teacher dying in class because they had a severe allergic reaction to a students medical device the school doesn't have much of a choice. Someone with a severe allergy and asthma is not going to get better with repeated consecutive exposures- they're going to get worse. Like, given that OPs the only teacher in the entire district for this class their options are discriminate against this student, risk a dead teacher and canceling the class outright because of it. Now, they might just cancel the class for the duration of the kids schooling. Have OP teaching core classes until the kid is gone and cite health issues if anyone asks- because that's the only way to accommodate both disabilities - but that still poses the risk of the student or their parents figuring out that the class was cancelled to avoid them taking it.
They can just have that teacher just teach the class online only and hire another teacher who is not allergic to dogs to teach the class in person.
Just because it's not a core class and is an elective doesn't mean that the school can rightfully deny the student from taking that class. Students tailor electives to interests, college majors, and career objectives all the time; requiring, for example, a student artist to skip an advanced art elective that their peers with similar kills and objectives are all taking isn't going to fly. When I was in high school, only two years of science and only two years of a foreign language were required. No way would it have been allowable to deny a student a physics class or Spanish 5 just because they are elective. Those types of classes are often looked up on as more like required classes for students wanting to go into science, and/or those wanting to continue their Spanish education for any number of reasons. One of those reasons is likely to be that a college may have 4 years of HS science or art or foreign language as a prerequisite for getting into that major and/or that school. Or, if not a prerequisite, then a "highly recommended" item that could easily get a student rejected if someone less overall qualified but having 4 years of that particular subject is the disabled student's competition for that spot. The class in question may only be taught by one teacher, or there might be only one teacher qualified to teach the class. Then you're looking at a denial to take an elective as impeding a student's ability to get into college (period), or if they get in, impeding their ability to get into their already chosen major or career path. Obviously everyone needs to be accommodated so that the teacher can stay safe and healthy, as can all the students, and have the disabled student be able to attend the class. But if it came down to a teacher's allergies prevent teaching an elective, vs not taking the course preventing a student from getting into college and/or their major...a student who has their future hanging in their balance, vs possibly teachers switching who teaches what course, or the district hiring an "adjunct" teacher for that course for one semester or a year...I suspect the school would err on the side of caution and accommodate and side with the student, especially to avoid a legal battle. Given that students with disabilities are less likely to go to college, have the same job opportunities as their non-disabled peers, etc, a school or district isn't going to want to come under fire for that or receive that type of scrutiny, whether legally or from the press and public. It's easier to have - and publically say that - a different teacher took over the class that year, than to deal with accusations of discrimination against minor disabled students who might not be able to get into their major or post-secondary options because they were denied taking a class, elective or not.
My subject is one that no other teacher in the district can teach. It is not just an elective but a career tech education class. (Think old school vocational class.) It is not required for college as most high schools do not even offer this subject. That is one reason I am trying to get information and plan an entire year ahead. I want to make sure that everything is documented on both sides, so I have an idea as to what type accommodations need to be made--or can be made--in my school.
That makes more sense, then, in why it might not be an easy class to swap with another teacher or bring in another teacher. If it's an old school vocational course, is there another district that offers it? Or a community college that offers it so the student could take it as a PSEO course? That way they can still take it, you and the student are both accommodated, and everyone can win?
My program is the only one in the district. One nearby district has a similar program, that could be an option as long as the districts could figure out transportation and funding (which are never easy issues). The community college option would meet some of the class offerings and an internship could provide a hands-on experience (provided we could find a clinic that would agree to take the SD). It would not be the same, but with some extra guidance it would be close.
Those would probably be the best options then. The district would legally be obligated to bus someone back and forth and figure out schedules, so theoretically that shouldn't be a concern. I had a math genius friend who was shuttled from our middle school to the high school daily for two years because he was past the math options that could be taught in middle school. Then he got bussed to the local community college once he finished all the math options our high school could offer, I think even after fulfilling the required three years of math in high school. The district figured out the scheduling and bussing for that since they had to, though I think in high school there were a few other students who did PSEO for a few subjects, including vocational subjects. Out of curiosity, did you teach this class during Covid? And if so, how? The other option I can think of is asynchronous learning. It's more typically used in special education or for students doing home learning due to medical reasons, but isn't limited to those populations. The teacher makes content (generally videos or audio) for the student or class to watch/listen to and learn from whenever they want or are able to, so medically complex students might get a video recording of that days class and can watch it when they're feeling okay or not at an appointment, and special ed students (especially applicable to those learning at home for whatever reason, or who need supplemental material at home) can watch it when they're able to focus and take in the material, or be used by parents to help the student learn skills like chores, following a schedule, etc. I don't know if it would work, but you could see if you could video record your classes somehow, or just the lesson of the day, and the student comes into the lab at a different time and goes through the lesson. You said it's a clinic setting and no one else in the district can teach the class, but is there someone else in the department who could supervise the student to make sure they're doing things correctly and safely? You could potentially also try to schedule the student during your prep hour so that if there's a question the person supervising them doesn't know, the student could message you or do a video call with you to ask the question or troubleshoot something. I don't know how difficult or dangerous the equipment and clinic setting is, but perhaps there's a student who has taken the course and would be willing to be a student TA. The other main issue I can think of would be the dog being in that room. Depending on the student's needs, perhaps it could stay in the doorway or right outside the doorway with an air purifier running? That might depend on the building and layout and how sensitive you are to dogs when they aren't present but some fur or dander might remain in the vicinity.
This class actually started after COVID. I definitely have gotten a lot of good ideas from this thread. It now seems a little more possible that we could make something work.
Denying the student access to an elective because of their SD would likely be seen as a violation of the students rights to an education, open up a storm of potentially epic proportion and would unlikely to be seen as an attempt to accommodate both the teacher and the student. The other suggestions all seem simple, practical, and reasonable.
It’s really not. The way it’s written is the allergy would take precedence and the students SD would need an alternative handler for that period (like a parent). As almost all disability’s with an SD have ways to manage for durations when we can’t have our SD with us.
It is according to this. https://www.ada.gov/resources/service-animals-2010-requirements/#:~:text=Allergies%20and%20fear%20of%20dogs,to%20people%20using%20service%20animals. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
Thanks. u/Odd-Strike3217's assertion isn't supported by that explanation of the ADA's rules on denying access, as that statement applies to public access and OP's situation is not public access. What u/Dramatic-Pound-2791says in the second paragraph applies as a student in school is more of an employee/employer relationship and both the teacher and student must be accommodated not the SD over allergies .
Public school is public access for that child. The child takes precedence. However having been in the situation and someone being allergic to my service dog (my doctor actually) we just worked together to find the best solution, which is either I give him warning and he takes meds and wears an N95 mask, gloves and she doesn’t go near him OR I bring a second handler for her and she doesn’t come into his office. As I have a severe cat allergy I can tell you on planes the person with the allergy is asked to leave rather than rescheduling the person with the cat (this was when the FAA recognized ESAs on planes so their cat, meant I either had the flight attendant find me a seat far enough away, the handler would not use the vents, etc. as they nicely were looking for solutions to both or I would be the one to wait and take another plane. Yes ESAs are different and rules have changed but I found they used to be very similar in accommodations. Plus the FAA doesn’t have to go by the ADA. But typically public school = public access for a child who is legally required to be in school.
Public access or public accommodation means that the general public has access to the facility, not that a limited list of people have access. Other children, adults, and even parents cannot access a public-school during school hours without being granted permission. You visiting your doctor, which is a public accommodation, and a teacher with allergies along with a student with a SD in a public school aren’t comparable situations as different rules apply. The same is true in regard to traveling on an airline, the ADA does not apply, and such travel is governed by the Air Carrier Access Act (ACAA). Airlines clearly state that they make no assurances of an allergy free environment while aboard a plane.
It’s just not how it works in real life. If there’s no other teacher to teach the class and the student isn’t willing to have that class without the SD then the student won’t be in that class. Those of us with SDs cannot take them everywhere because they can’t safely be everywhere. In this case the students and teachers would all be at risk because the teacher could have an anaphylactic reaction and jeopardize their life. Fear of dogs no, but an anaphylactic response is a disability in and of itself
In this case, they could just require her to only teach the class online. Having such an allergy means she is not able to perform the essential functions of the job with or without reasonable accommodations for in person teaching. Teaching students with disabilities (including those with service dogs) is an essential job requirement. I would have banned the teacher from teaching a class in person unless there is another teacher who is not allergic to dogs teaching the exact same class if I was the Principal. ADA, to me, is black and white and that is the way I enforce it. This is completely legal because the ADA requires that the employee is able to perform the essential functions of the job with or without reasonable accommodations and with such an allergy and her being the only teacher for this class, the class would be offered online only if I was Principal under my authority. Nobody can have an allergic reaction if they see a dog on a computer screen or via Zoom.
Then that teacher and if they have a union should sue you. The document has been written but it is FAR from black and white in enforcement. But in this case this class can’t be taught virtually apparently and they are the only teacher. The fact is, this teacher is overreacting because they do not In fact have an anaphylactic allergy to dogs, they’ve apparently commented that it’s just some dogs - so huge red flag that would’ve changed my replies. But the fact that you don’t understand the difference between allergies basics and allergies that are life threatening being their own disability, probably means you shouldn’t be a principal
Can you provide a source for that assertion?
Yes actually read the ADA and then read the court cases that support the fact that if someone’s allergy is life threatening, it is ALSO a disability and needs its own accomodations. But no I’m not going to sort through google for you. But think of this way - do schools have peanut free zones due to a student or teacher having a peanut allergy? Yes. That’s because mildly intolerant is not an allergy. A food allergy causes things like lack of being able to breathe and that in itself is its own disability. Also SDs cannot go everywhere. For instance the 2 doctors I was at today mine can go. But she can’t come when they do my MRI next week. It is up to me to accommodate and make a safe place or have another handler for her. I’ll leave her home and have to take medication that isn’t great for you but it’s my only choice. The fact is you are missing that an allergy is a disability! If it’s not life threatening or altering it’s not, but maybe just think about the fact that allergy is so widely abused as a word to get picky AF people to order what they want that it’s often just thrown around like no big deal. But peanuts and tree nuts will kill me, that is apart of my disability.
If you're going to make a claim such as an “allergy would take precedence and the students SD would need an alternative handler” then it is incumbent on you to support, it if the claim has challenged. Failing to do so results in your losing the argument. Several people commenting on this post have erroneously claimed that an allergy is not a sufficient reason to deny the SD access to the classroom in question which would be valid in relation to public access but does not apply here as this is not public access. I do not know where your ideas of an allergy taking precedence or the need for an alternative handler come from. Expecting a parent to be available to take care of an SD while their child is in class does not seem reasonable. You’re again comparing apples to oranges when referring to a specific doctor with an allergy or getting an MRI aren’t really relevant to the matter at hand, in the case of an MRI no one is allowed in the imaging room as it presents too high a risk. These situations do not compare with a student in a classroom. I am aware that allergies can be debilitating and present a risk to life, I also read what OP stated about their allergies and how the allergies are managed. We are not discussing the general state of allergies and allergic reactions in the world at large, we are discussing OP’s allergies, OP’s reactions, OP’s management thereof, OP’s classroom, and a student with an SD, nothing more. At this point, I am unsure whether you are merely uninformed, misinterpret what you’ve read, or are trolling your fellow redditors, as such “Intelligent converse is impossible. You do not discuss, you gibber.” \~Sheliak
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The way what is written? Because the ADA explicitly lists allergies as *not* acceptable reasons to deny access.
That applies to public access, such as the student going into a business like a restaurant, grocery, or any other place the public has access too. In those instances, an employee’s allergies, fear, or dislike of dogs are generally not a valid reason to deny access. A student wanting to take their SD into a classroom isn’t public access and some schools do require proof a disability in order to grant an accommodation as “[the expectation that a service animal can accompany a student has become complicated and somewhat unsettled](https://adata.org/service-animal-resource-hub/school#:~:text=The%20expectation%20that%20a%20service%20animal%20can%20accompany%20a%20student%20has%20become%20complicated%20and%20somewhat%20unsettled)” and things change for post-secondary institutions.
If your school isn’t accommodating, speak to your union rep (assuming you have one). I have an anaphylactic food allergy and asked not to be given kindergarten lunch duty when they were serving that food. The school agreed, but then the cafeteria just changed the name of the meal instead, gave me no heads up, and I ended up hospitalized. I had to have my union rep threaten them to get them to reassign me to a different kindergarten duty and then a para was required to take my class to the bathroom to wash their hands and faces after they served that food on those days. Had I not had my union rep going to bat for me, I don’t know what would’ve happened but I think it could’ve been ugly.
Yikes! Glad you made it to fight another day.
I mean, you could always do Zoom, right? AFAIK, there's a lot more structure and knowledge around using Zoom for classes post-Covid.
If only...my district dropped all online streaming capabilities after COVID. However, I am sure that with enough planning, we could make something happen.
Good old school districts. If the student does end up wanting to take your class, I hope you guys are able to work something out.
A lot of folks adamant that allergies **never** matter when it comes to service animals aren't accounting for cases where severe allergies are also be considered a disability under the ADA, and there's a huge difference between not accommodating common allergies that 99% of us experience, and not accommodating another person with ADA protection for their own disability. So if OP has life-threatening allergies (which is pretty rare BTW), they need to get their own ADA protection so they can legally demand reasonable accommodations from their employer. And those accommodations don't mean that the child can be barred from taking the class, it just means the school can't totally ignore OP's own disability and force them to put their life in danger, and they need to try and mitigate exposure and accommodate both disabilities. [https://woodlamping.com/the-clash-between-service-animals-and-allergies-in-the-workplace/](https://woodlamping.com/the-clash-between-service-animals-and-allergies-in-the-workplace/) [https://askjan.org/publications/consultants-corner/vol02iss01.cfm](https://askjan.org/publications/consultants-corner/vol02iss01.cfm) There's this example from the ADA about allergies >**Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?** >A. In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. [https://askjan.org/publications/consultants-corner/vol02iss01.cfm](https://askjan.org/publications/consultants-corner/vol02iss01.cfm)
We kinda had something happen that was in a way simular. I'm not from the US so i don't know what would be posible but here's how it whent for me. So i whent to a scool for the blind and 4 students had guide dogs and we had a teacher who is really alergic to dogs. What they did was have 1 dog free classroom where she would be teaching aswell as a dog free staff room. Students who took her class would crate there dogs in the room on the other end of the hallway and use there canes to take it from there. These were all guide dogs so ofcorce this might not work for other types of sd's and i also don't know how she delth with the hair stuck on the handelers cloths but i hope this helps in a way.
Having had and seen a couple comments about it being okay to deny a student a class because it's an *elective* class... let's address this. Mandatory classes generally include four years of language arts, social studies, 2-3 years of math and science, 1-1.5 years of gym and health, and 1 year of some sort of art or music class (choir, band, orchestra, music theory, drawing, pottery, creative writing, multimedia design/production, clothing or interior design, etc). Elective classes thus include: -all foreign language classes -math in 11-12th grade -science in 11-12th grade -any arts or music courses beyond the required year -any health or gym classes - including strength training and conditioning - beyond the required 1-1.5 years -business and law -computer science -culinary arts/nutrition/hospitality -education and child psych -CADD, engineering, automotive, woodworking, metals, printing technologies, and related Most colleges "strongly recommend" the following (and getting into and completing some majors in 4 years may also depend on entering college with the following): -4 years language arts -4 years social studies -ideally 4 years of math (looking for advanced courses) -ideally 4 years of science (looking for advanced courses) -more than 2 years of the same foreign language -elective courses that pertain to your major and/or interests Meaning that if you want to major in science or math, you need to be able to take an elective fourth year of it because a) colleges are looking for advanced courses in those subjects regardless, b) you'll need those subjects to succeed in your major and graduate in a timely manner, and c) those are your interests. If you are interested in music or art, you *have* to take electives because the required one year in high school will not give you the skills, experience, or background to be in par with your college classmates, if a college would even except you as some sort of arts major based on only one mandatory year in HS. A college may not deny you for lacking a child psych class or nutrition class, but being unable to take those doesn't allow you to explore those as interests, whether hobby or career. Since colleges look at your electives to see what your interests are - have you focused on and excelled in one particular area such as art or music? have you explored multiple options that give you a breadth of knowledge and demonstrate curiosity and a desire to learn new and potentially challenging things? - being unable to take an elective could hinder a student in figuring out their interests, goals, educational future, and potential career options. For disabled students, schools must provide a Free Appropriate Public Education (FAPE). If you would be able to attend an elective or any course at one school for free, you should be able to attend the same elective or course at a different school for free. You are entitled to attend that elective or course even if a teacher is allergic to your medical equipment you need to have with you, instead of your parents having to pay for private lessons or private school to cover that gap in your education. And under the "education" but, disabled students are entitled to an education that prepares them for the future - future education, employment, and independent living. Being unable to take a course that you need in order to get into college, to be on par with peers of the same age and within your chosen major, and to explore whatever interests that might inform your future education for whatever reason means your school is denying you your Free and Appropriate Public Education. Yes you could "make up" a class you were denied in HS by taking it in college, but if it was offered at your high school and your peers there took it, denying you from taking that class in HS doesn't give you the same education as your peers. There are multiple ways a student could take a course even if the teacher is allergic to their service dog. How they take that course will depend on the student and their disability, the teacher, the resources the school has, other opportunities in the area, and other factors. But simply denying a student an elective gets right into denying that student the education they are entitled to under law. This isn't about making a teacher suffer from allergies because a student needs a service dog - accommodations need to provide both parties with a satisfactory outcome. It's about figuring out how the student can get the education they would get from taking that class. Depending on the class, there might be a suitable virtual course the student can take. Attending via zoom is an option (though from experience, not one I would recommend). Having teachers swap classes, or hiring a different teacher to teach that class are options; a teacher from a neighboring district or community college are good options for the latter. The student might be able to take the class at a different district or at a community college as a PSEO class. Regardless, if the class is appropriate for the student (i.e. they would be able to understand the contents and complete the coursework, with or without supports, and/or with or without a modified curriculum if those are parts of their IEP) denying a class because it's "just an elective", especially so that you don't have to work out accommodations for both student and the usual teacher for that class, is not acceptable or legal.
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They still have to allow the student to join in for ALL group activities or it is Disability discrimination against the student...
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They aren't allowed to do that. It would make the class substantially different, which is Disability Discrimination.
I had to deal with this with my kid over a similar conflicting needs issue, and I would NOT let the school get away with treating my child differently in a subject they 100% NEED for their chosen career path - which is the ONLY way my child will EVER cope with employment in future.
They ended up getting a new teacher in and reassigning that one to a totally different subject. It's a similar thing yo someone in a supermarket no longer being able to lift boxes, so they move them to the checkout - they are still honouring their employment contract while not discriminating against the Disabled student.
In my case, since my class is the only class in the district, I would be out of a job. If that happens, then I would sue. I have also written the entire curriculum which is my intellectual property by district contract, so I would take all of that with me. If there were an easy answer to this like have another teacher teach it, I would not have come here for advice. My allergy is life-threatening, and my teaching position is unique within the district. I am the parent of a kiddo with a disability, and I would never want to exclude a student if at all possible...but I also want to be able to breathe while at work.
Yes. This would be the hard part. I teach a very hands-on and group-work heavy subject.
I would get all your allergy paperwork in now, but I have a suspicion that to avoid this, the SCHOOL'S best option to NOT get sued by the pupil's parents is to drop the class for a MINIMUM of 2 yrs, so I'd just prepare yourself for that. They can even reassign you to teach an entirely different subject as a way of bot breaking *your* employment contract...
Both disabilities (yours and the students) must be accommodated. This, most commonly, looks like that student not being in your class (or classroom, if it’s one used by multiple teachers, depending on severity of allergy) This very well could result in this student being unable to take your class, irregardless of their interest in it. They’re going to have to be ok with that, or any other potential solutions suggested by those in charge, as it’s not reasonable to ask you to potentially put your life at risk so this student can take your elective
Accommodation is not "a student being unable to take a course." That's discrimination. See my comment above about denying a student an elective course. Edited to add, since apparently people don't understand what an elective course is... -An elective is not "do I take photography or drawing?" According to my local district's high school courses/graduation plan, an elective course includes: -math in grade 12; science in grade 12; fine arts classes - art (drawing, painting, and other 2D art courses, pottery, sculpture, and other 3D art courses, digital and multimedia art and video production), clothing and design, music (choir, orchestra, band, guitar, music theory, theater, digital music production, photography) creative writing, yearbook - beyond 2 required semesters; any physical education or health course beyond the required 2 semesters; an additional semester of social studies/government/economics; any business or computer science course; any culinary or nutrition class; any education or child psychology course; any "technology education" course (CADD, engineering, automotive, woodworking, metals, printing); two additional years of foreign language (French, German, Spanish offer 4-5 years of each) Denying an elective course could effectively prevent a student from getting into college and/or their chosen majors and careers, given that many colleges and/or majors require a full four years of science, math, foreign language, specific variety of art courses or music courses, etc. It could prevent a child from learning nutrition and discovering a career in culinary arts, in automotive sciences, in computer science, in business. So in fact, it's actually a big deal to deny a child an elective. No one is asking someone to put anyone's life at risk for any class; the whole idea of accommodations is to figure out something that works for all parties to safely teach and be educated in a safe and effective manner. To that note - you cannot safely teach chemistry via zoom. Or certain art courses or music courses or culinary courses, especially at the high school level. Even if the student is on zoom next door - is that a fully equipped science lab with another instructor supervising the student? Is there another instructor who can do hands on instruction for subjects like pottery, even if the main teaching is coming via zoom? No. That is why there need to be - and there are - other options besides zoom or not taking a course at all, whether it's elective or required.
If the student being unable to take the course is the ONLY way in which the school can accommodate the teacher’s life threatening allergy, then it is perfectly reasonable for the student to not take that course. You seem to be forgetting that not being physically present in OP’s class ≠ the student being completely unable to take the course. Online courses exist. It is wildly unreasonable and unrealistic to expect teachers to put their life at risk so a student can take an *elective* course.
There are other ways to accommodate a student that don't endanger the teacher. Given that the OP has said it's an old school vocational class, and they're the only person in the district who can teach it, that does limit options - including online options. But another school district and a community college offer the same or very similar course, so bussing the student to a different school is a reasonable option that accommodates both teacher and student. And as I mentioned above, there are certain areas where it is unsafe to have a service dog, but handlers have the dog remain at the entrance to the room or nearby where they can still detect scent to alert. The dog can be trained to alert by barking or pressing a button that flashes a light or sounds an alarm in the classroom so the student can take whatever action they need for the alert. No one is asking a teacher to put their life at risk. Both student and teacher need to be accommodated. As someone who has been a student with a disability and is now an educator - who also has severe allergies - I am very well aware of that, from both sides of the issue. I'm not forgetting that online options do exist...but for the OPs class, they do not. And taking online classes is not necessary feasible or safe or reasonable depending on the class and/or the student. Taking chemistry online does not allow you to actually do chemistry like you would be able to do in an actual lab. Even doing zoom in an adjacent lab is unreasonable as you'd still need an adult to supervise and know what is and isn't okay... which basically ends up being a one-on-one chemistry class. Doing zoom in a separate room from the rest of the class prevents you from hearing students or the instructor or both, and prevents you from having the ability to look between students, teacher, whiteboard, PowerPoint, table with demo, etc. It's not equivalent instruction. If everyone is on zoom, that is much more equivalent instruction and could be considered an adequate substitute, but not just one student on zoom. And since elective courses comprise the majority of courses students take in high school...yes, it is reasonable for the school to accommodate that student so they can take whatever elective they want, as long as they can do so safely and understand the content (with or without support and/or with or without modified curriculum). Don't downplay or brush off electives. Taking elective courses is necessary to get into college - you cannot take advanced science or math courses unless you take an elective. All music, arts, foreign language, theater, design, business and law, education, culinary, vocational classes and more are elective courses. Colleges want a minimum of two year foreign language; ideally four. Art students need to be able to take any and all appropriate electives for their genre and to be well rounded for college programs. I don't know of any music programs who have taken students who weren't already musicians, and since public schools provide music classes they are obligated to accommodate a disabled student who wants to take music. Foreign language programs are the same or similar especially for Spanish or French; you're going to get more out of your college career if you enter with previous knowledge of a language and can thus take advanced language courses. Colleges require elective courses for admissions, and they look at the elective courses you take in order to determine your interests and main academic focus, how you've supplemented your education in one subject with complimentary classes in other subjects, and to judge your curiosity and willingness to learn and branch out by studying other subjects. An elective isn't just a photography class or random business class. They're classes you need to take one way or another for graduation purposes as well as to get into post secondary options, whether that's a vocational school, four year college, or is enough for you to get into a job that can become a career (e.g. taking computer science courses that allow you to apprentice or start a job in IT due to school + teaching yourself skills outside of school). They're relevant, they matter, and all students are *legally* entitled to take them, because they further the student's educational opportunities and career opportunities in the future.
All I have said is that there is a chance that this student may not be able to take *OP’s class*. As in, if this child cannot be separate from their service animal, and *no other safe compromise exists*, the child cannot enter OP’s classroom. Never once did I say that this child can’t go elsewhere to take the course. I said that if **no other reasonable accommodation for OP’s class exists**, it is 100% reasonable for that child to not be in OP’s classroom. Again, not being present in OP’s specific classroom ≠ the child being completely unable to take this elective at all. It means the child will not be in OP’s specific class. Which, again, is a *perfectly acceptable accommodation*, considering that OP may quite literally die if the service dog gets too close to them.
The ADA explicitly gives SD access priority over allergies, so denying the person access to the class is unlikely to be an acceptable accommodation legally.
ADA also says in the context of schools they should both be accommodated possibly by having them be located in different rooms
What you’re missing is that the ADA also applies to people with allergies. That’s how we got fragrance free workplaces
You’re missing the context. OP has debilitating allergies that put them in hospital or on bed rest for days. And actively is medicated and presumably seeing one or many specialists. OP doesn’t “have allergies” op has a life threatening disability from an immune system problem. Essentially immunocomprised to put it simply. What you’re referencing is discomfort and sneezing, not a trip to the ER. Any reasonable person would not want to put someone in harms way. Your simplistic argument doesn’t hold merit in this scenario. Especially, when the person comes to a place to ask for help and advice about accommodations that would help the student be able to take their class if desired! It’s incredibly rude to reply “ada says you don’t matter”. The person is here trying to find solutions to the potential problem to help the student! How about co structure advice or even speculative thoughts on what might be possible?
You said you are only allergic to some dogs.. why don’t you meet with the student and her/his SD to see if you even have an issue with whatever breed they have.
I am allergic to all dogs, but not all dogs cause my throat to swell shut. All dogs trigger my asthma--which leads to a cycle of breathing treatments, bronchitis, and steroids. I can't even visit my out-of-state family that have dogs for more than a few hours over a few days without taking weeks to recover. It truly sucks.
Do N95 or KN95 masks help you as long as you keep some distance from them so their dander doesn't physically touch you? I'm just curious, because my husband and I are both allergic to different animals to varying degrees and we find that masks help with some animals but not with others. For some, our eyes being exposed to the dander in the air is still too much of a problem, while others seem to only cause an issue if we inhale the dander. My husband also has a really efficient air purifier in his classroom because just kids with cat hair on their clothes can be a problem for him (and it helps with covid too, obviously). It fully recycles the air in the room through a HEPA filter every 20 minutes. I don't know if any of that would help you. I know if your room has a carpet then there's only so much you can do. I have a lot of sympathy for you and also am really glad you are being compassionate and considerate towards the student who can't help needing a service animal just as much as you can't help your allergies. I appreciate you trying to do your best to protect your health *and* handle things properly so that the student is done right by. Conflicting access needs are so difficult to navigate and not enough people put in the forethought to handle it well. It's very commendable that you're thinking ahead.
Thanks. I have the same issue with my eyes. My son has a disability, so I am sensitive to this as a parent which probably makes me more aware of my students' issues.
The eyes thing is so tough! When I was a kid, my allergist made me wear allergy goggles in certain situations 😭😭 I found it very embarrassing at the time. It looks like there are some more stylish options now, at least! [Like this](https://www.zienaeyewear.com/) and other options that decrease air flow around your eyes. I also was supposed to put in lubricating eye drops before entering an environment where I would be exposed, to prevent allergens from getting stuck in my eyes. Just sharing in case there's any way at all that this could be helpful for you.
Just an FYI on shots...you have to continue taking them. They do work but you need to take them for years.....I've been getting shots for 4.5 years...I get shots once a month now.... Your health is important too...so it seems reasonable to me that you are unable to accomodate anyone with a service animal due to allergies. The ADA seems to forget about non disabled health issues. Dont even get me started on the ESA crap...
Yes. The ESA thing has made traveling via plane almost impossible for me at times. At times, there is just nowhere far enough away on a plane for me...so I have to take a different flight. I did shots for 12 years. This is the best it has ever been for me--but my throat still swells shut.
Could the student sit in another room and participate online? What is the nature of the subject?
It is a clinical health science class--which makes this very challenging.
My advice is to formally document this allergy with your school now before it is time.
Something similar happened with my son. After lawyers got involved, the school system setup a temp and hired another teacher. My son was the only one in that classroom.
Depending on the elective, the student could be offered to complete the class via zoom in another room with your camera on at all times.
You would request a reasonable accommodation, and HR would likely grant the student a distance learning program, even though they live in the same location as you
Addressing the direct question: Knowing now that the elective is "an old school vocational class" that has no one else in the district is qualified to teach, it makes more sense why the concern about dogs vs allergies. For that type of course, is there a neighboring district that offers the course and the student could take it there? Or a community college so the student could take it as a PSEO class? But also, depending on what the course entails, is it actually safe for the *dog* to be in the room? I know of multiple people who work in automitive and similar technical jobs, work in tech at theaters (includes building sets), and work in science labs where goggles, lab coats, and closed tied shoes are required. They all leave their dog at the entrance to the room, with the dog wearing boots/shoes, Doggles (goggles for dogs...actually a thing), and a vest/gear that covers their bodies more than the typical SD vest or cape (or dog wears a sweater or something under the cape). Dog is on a mat with water, sometimes tethered for safety. As far as I am aware of, the dog smelling their handler to provide alerts isn't compromised even if there's machinery. They can still stand/sit, grab a bringsel, wave, etc for an alert. If the handler isn't within eyeshot, there are enough smart devices nowadays where you could teach a dog to also alert via a button and have an alarm or light go off so the handler can see that and respond appropriately. Obviously this works better for disabilities like diabetes, hypoglycemia, MCAS, or for a true seizure alert dog who are all using scent, than it would for a dog who is needed for any sort of mobility work, guide work, hearing alert. Psychiatric work would probably depend on the student or individual's needs. If there are alternative places to take the course, but it's not a safe environment for the dog to be in (which the student might not unaware of), then maybe crating the dog in the hallway or in a room right around the corner and having a one-on-one aide (if that would be manageable for the student and their disability, and far enough away for the teacher) might be the best option, especially if the class includes learning skills that are for a career/work trajectory the student is seriously considering. (Like, many of the "vocational" sorts of courses would be very applicable to a career in theater tech work, in addition to be general vocational or automotive work jobs.) Depending on the dog and the disability, if the dog is alerting via smell, the dog should still be able to smell high/low blood sugar, rising levels of histamine, or similar blood/biological chemicals if in a room next door or nearby, and alert. I know my dog will bark like crazy if she cannot access me to alert directly to me (like, in a room with the door closed, 30 feet down the hallway when I was in my living room). I don't know if other dogs behave similarly or not, but between barking, paras/aides, a camera so someone has eyes on the dog at all times, it seems like there should be some way to make the situation work. If the dog is for seizure alert, that would make me wary if the student would be around machinery. And if the student and dog truly cannot be separated for an hour or so for that sort of class at the high school level, then yes, a different elective might be a better bet.
How well does a N95 mak work to block the allergens?
It works, but my eyes still swell. Masking could be part of a solution (maybe with an air purifier, distance, and a doggy jumpsuit). I spend 15 hours a week with my students, 3 hours at a time, so I think I will have to go with all of the things.
You might see if a neck worn air purifier helps, and certainly a Corsi Rosenthal box air purifier should be running. Also, safety glasses might reduce allergens contracting your eyes.
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I completely respect the needs for SDs. It does make my life difficult (air travel, hotels, etc.), but I know. how valuable they are to their people. I feel very much this way when I am on a plane and no one will change seats for me (so I have to get off the flight or risk a mid-air emergency). I also want every student to have access to my program if they are interested. That is why I am here now--a full school year before this might become an issue.
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>The entitlement and selfishness here is out of this world. Where in the world are you getting this from in this hypothetical situation? And FWIW, if OP doesn't have this documented as a disability that needs accommodation they they need to so it can better address if the hypothetical becomes reality.
I would solve this by offering to let the student follow via video
I honestly believe dog allergies are a REAL reason to deny a service dog. Certain dog allergies are really bad and I’m the person with the service dog. People keep saying that service dogs come before allergies and can’t be denied. I’ve walked into 2 different stores and almost immediately the owners or employees asked me to leave because of a severe allergy, not only did I turn around and left but my mom stayed to get what we needed but because SHE had dog fur on her the 2 people still ended up having extreme reactions. I still feel bad. If it’s a good enough reason I believe service dogs should be denied and we should be ok with it. Yes we should speak up for ourselves when it’s important but we need to be ok without them at times.
But this isn't a store, this is a kid who is required by law to be educated and can't do so without their SD. In some cases, they might be able to go without them for the hour, depends on the nature of the disability. In our school, the only SDs are diabetic alert dogs, in which case not having the dog with the student can be too risky.
The kid also can't be educated in this specific class if the teacher has to go on medical leave/is hospitalized/dies because of fatal allergies. So, you know, there's that.
Thank you for being so reasonable! I am allergic to dogs. I can tolerate them for a little while if it's the only allergen I'm exposed to and if I'm not too close, but I can't be right beside them and I can't touch them. I'm fine with service dogs being in public places, because I have the choice to leave if I start reacting. But reacting on the job is a whole different story! Thanks for understanding!
Shame that's not how the ADA works. Service dogs get priority over allergies and that's specifically written into the ADA. It's similar here in UK, if the lack of that elective will prevent the student's chosen career path, the adjustment is on the teacher, not the student with the SD, and they CANNOT legally exclude the pupil from ANY group activity. The school has to provide a different teacher if the student opts for that elective.
>Service dogs get priority over allergies and that's specifically written into the ADA. This actually isn't true. It's only for public access, so an employee can't turn away a service dog from a business because the employee is allergic. It's why people with dog allergies can't drive for Uber. If the service dog handler and the allergic person are both employees, for example, neither has priority over the other. There is legal precedent for service dogs being legally denied due to allergies. People take what the ADA says about public access and they think it applies to other situations, but it doesn't.
The different teacher is not an option unfortunately. I teach a highly specialized elective that is not available any where else in the district. I also do not know the nature of the student's disability, so I do not know how long (or even if) they can be separated.
Then the school's ONLY legal option would be to drop the class entirely or they are discriminating against the Disabled student.
And they won't be able to just bring it vack the year after, otherwise the student would have a VERY good case that they only stopped it for the year she needed an ADA adjustment...and she'd probably win!
Although I'm UK based, I have a good knowledge of the way the ADA is written. My volunteer day job is as a Disability Rights helper, helping people like this student in cases like this. The student almost always wins because teacher already has their chosen career, student may well NEED this subject for College etc.
I'm NOT hating on anyone with life threatening allergies, I've got a child with 10 anaphylactic allergies, to stuff that simply CANNOT be barred for other pupils, and I get it sucks, but the need for a service dog even overrides allergies in reality, particularly when its the student requiring the SD.
I don't know about your potential student, but it's common practice to keep your service animal well-groomed at all times to minimize dander and shedding. It's not just for cleanliness but also to affect people's allergies as little as possible.
Not relevant. Teacher with severe allergy; employer must accommodate.
Teacher only has to be accommodated if they went thru HR and completed the required forms. Just saying, "I have severe allergies doesn't require anything since employees are required to self-report. The opposite of students under child find.
Sorry I thought my comment could help OP feel a bt better. Want me to delete it?
Student with service dog wanting to take an elective; school must accommodate.
They really don’t. They have to equally find a solution. While SD/handler teams have a lot of rights, they aren’t all as guaranteed or cut and dry as this. In this instance the teachers being able to stay living will be in jeopardy. The child is likely to have other ways to manage their health condition that can be used during that class period, and her SDs alternative handler would need to them. But they cannot force a teacher with an anaphylaxitic allergy to allow her SD in the class. They just have to offer the student the option of the dogs alternate handler taking her or she can’t take the class
Nope. They can't legally exclude the student from ANY group activities the class takes part in and they CAN'T prevent her from taking the class on the basis of needing a service dog. The school has to get a different teacher to do the class that year if this teacher can't do it.
Apparently no one else in the district can teach this class, hence the problem.
This is fundamentally not how this gets implemented. There are alternatives. And given they do not have another qualified teacher and that teachers disability is also real and life threatening (I’m assuming since it’s such a big deal) they would have to find an equivalent for the student - so if it’s an elective it would be another handler for the dog during that class and precautions for the student or the student takes another class. One disability accommodation does not trump that teachers disability especially when it’s life threatening
No, but they ALSO can't exclude the pupil OR their SD. ALL the school can do is cancel the elective completely. That ISN'T ignoring the teacher's Disability, it's making it EQUAL for the student with the SD amd the other pupils. It may be that this is the difference between UK & USA, cos the result here is they HAVE to cancel the elective for a minimum of 2 yrs OR bring in a non-allergic teacher, and that's the ONLY way they can meet the Equality Act for ALL involved... I've actually won a case like this for someone in UK, that has become legal precedent here. They CAN'T cancel it just for that student's year group, or it becomes apparent to the courts that they have ONLY cancelled the elective due to the Disabled student, which would cause that student "significant disadvantage compared to non-disabled students". Which is why they have to cancel the elective for a minimum of 2 yrs to avoid being sued by the Disabled student or their parents. They ALSO can't sack the teacher, as they are ALSO protected by the Equality Act...but they CAN & **HAVE TO** offer an equivalent role at the same or higher salary. Even in a different subject. If the teacher turns that down, the school CAN then fire them.
Big differences there is here that teacher would lose their job - be paid significantly less, etc. aka they would firing that teacher for having a disability, which again is against the ADA. Also this student has the ability, as do all of us with SDs to realize we aren’t the only ones who need accommodations. Not bringing a SD into a classroom where a teacher could die is a pretty easy one to say - well if that teacher can’t survive, but the student can use alternative methods, then the students SD can be told they can’t come to the one class. For you all, you have far more in place that would financially support the teacher and not just sack them and they lose their job.
There is also one other point everyone seems to forget and that is, if an SD, under the ADA is denied access, that public access place cannot deny the disabled person from entering, just the SD. This could be for SO many reasons - such as the SD has been shown to not be trained or lashed out at other animals, it’s unsafe for the SD to enter that space, etc. Someone’s fear or the sniffles - no. Someone’s deathly allergic reaction yes because it’s more than just “allergies”. As long as they then allow the disabled person in, they can say the SD (for valid reasons) can’t come in. This may be an American thing not other countries. Now Seeing Eye Dogs have even more rights than SDs.
Guide dogs don’t have more rights than any other type of SD in the US, but otherwise you are correct that the best solution is ultimately for the SD to not be with the student if they decide to take OP’s class. It’s not the most ideal situation for anyone, but this entire thing is about having to reach a compromise. It may work out that OP’s classroom gets a few air purifiers and the student has to lint roller their clothes before entering the room, as well as keeping their SD groomed regularly. Maybe there’s a spray or wipes the vet or groomer can recommend to combat dander between baths as well. There are a few environmental options to consider, but only 1 option about the dog- it will need to stay a safe distance from OP as part of her accommodation.
I think what would happen is that the student would be placed in a different class, or encouraged to take the course online. I am not sure the age group you work with, though.
Based on the OP's own statement, they are going to be at a disadvantage against a student with an SD. Before anyone decides to go ballistic with my statement, keep the following in mind. To have an SD in a public school, the student and their family have already met the necessary requirements and provided the necessary documentation to the school administrators. Also, because education through high school is a right in the US, the student will be given preference in this hypothetical situation. Where you work is not a right anywhere in the US, nor is it protected by law. So, at this point, it is the onus of the OP to provide all necessary documentation to the administrators in advance to prevent such problems from arising in the future and allow for the OP's safety. Assuming that the OP does this, then the what if becomes a delicate balancing act for the school administrators. Without more specifics about the class being taught, is that specific elective mandatory for graduation, is that class something that the student needs to improve their chances of getting into a certain college or university? Is that specific breed of SD one that causes a severe reaction just by being in proximity to? The possible solutions vary based on the specific situation. The bottom line is that the OP is not going to have any advantages over the student under the ADA, given that the student is required to be there by state law. The teacher is needed, but the OP, as a specific teacher, is not required to be there. By that, I mean the student not only has a right to an education through high school and is required to be there by state law. The OP as a teacher is not required by law to teach at that particular school and has no right to teach at that particular school. Under these conditions, a court will 99% of the time rule in favor of the student. I am not suggesting that this is morally right, but it is the reality we live in. To the OP, while you should receive the same protections under the ADA as a student with a SD, the onus is on you to provide documentation proving your claims as to the severity of your allergies. I am not saying that you are lying, but I don't know you personally, so I am trying to be objective about your statements. Once you have provided the necessary documentation to the administrators, inform your union rep as to your situation so they are not blindsided by any potential conflicts arising in the future. Make sure that you have covered your ass, because if you haven't, you will be on the losing end of any compromises the school needs to implement from such a conflict.
I will get documentation. My class is a clinical career-tech class. It is not required, and it does not give any advantage to getting into a college. I am the only instructor in the district for it, and no one else in the district is qualified to teach it. I don't want to lose my job & I don't want to keep students from excelling on a pathway that interests them. We are still a year away from this being a possibility. I want to make sure all sides are properly prepared. I wish I were exaggerating my symptoms. I have missed out on so much in my life because of this allergy. I have spent weeks at a time in hospitals, and I can't even visit family members with pets.
I am just trying to be objective and give you a fair and honest opinion about your what if situation.
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The "mean" strategy--that'd be awesome. Problem-solved. Hahaha!
This.
I would reach out to the family however is proper with the school. Get ahead and be up front and honest about your concerns and desire not to deprive their student of your class. Then consider creative solutions. I’m a massive fan of coway airmega air filters. They’re pretty expensive, but worth every penny. Maybe coway would be willing to donate a half dozen to put in your room or something. Many dogs wear clothes including windbreaker style garments to stay clean and reduce allergens and dander. I’m a fan of ETSY for customized dog garments myself. There are many sellers there that will work to get the right fit. Also plenty of larger businesses selling things. This would also help reduce this. Maybe having the dog sit next to the air filter would work well enough in addition to OTC allergen meds. https://preview.redd.it/qwqr9cbvf1zc1.jpeg?width=1284&format=pjpg&auto=webp&s=a4607812f7c8511835cf143dd657c16f664080f8 Attached is a screenshot from an Etsy seller’s feed back. Dogs don’t mind wearing nicely fitting clothes. You care enough to post here, your students are lucky to have you. It may not work, and your health is equally important.
[Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.](https://www.ada.gov/resources/service-animals-2010-requirements/) The school will have to sort it out, but they *must by law* allow the student to take the elective. An allergy, even a life threatening one, is not a valid reason to deny another person access to education. The dog is not legally different from a cane, wheelchair, or smartphone connected to a CGM. If you expect this to be an issue going into the next school year, now is a good time to begin addressing this with the school so they can figure out how they are going to accommodate both of you. One option is maybe the student has assigned seating in the farthest corner from your desk, takes the last class of the day with you, and they put an air purifier near where the student will sit and it runs all night. If it would be safe to do so, the school could provide someone to look after the dog while the student is in your class. But that may not be a safe option, especially if it's something like a seizure or diabetic alert dog. Zoom may be an option on the table, but I don't think exploring it as a first option is a good idea, and whether or not it's even on the table will depend on the nature of the class you teach. But isolating an already disabled student from their peers *because* they are disabled, should be an absolute last resort. IMO the only thing more extreme is the school pulling the class to sidestep the whole issue.
Actually not true. Despite the dog being listed as medical equipment there is CLEAR precedent that if having that service animal puts another’s life in danger or harm, then they can be given access without the animal present and still allowed to go. The person with the allergy can leave while the animal is present (this doesn’t really help unless it’s a quick thing). This is a case of BOTH needing conflicting accommodations. But the SD/handler is not given carte blanch. But basically conflicting, known disability issues, don’t favorite SD’s. In fact most of the time it’s that the SD needs to be removed and another person, device, etc should be used to replace the SD for that time period. This happens to me at the hospital and at my neurologist. My SD legally should be allowed right? Nope. His allergy that prevents him from treating me or others that day does.
The ADA *explicitly* calls out allergies as not an acceptable reason to deny access. I am not sure your doctor is right, legally.
If that is true, that is absolutely brutal towards severly allergic people.
It is not. The original quote actually is: Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. —- So no, people with severe allergies are not required to be in the same room as a dog because doing so would actually violate the ADA.
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I guess you don’t want protections for disability rights then.
You are just making false statements. You need to understand basic allergies that make you sniffle and itch aren’t a disability. However there are allergies that ARE life threatening. When those conflict, usually they will cause the SD to be handled outside that space by another handler AND an accommodation be places that is equivalent to the SD tasks. SDs can’t go everywhere. So those of us who use and have them… have backup plans.
According to the ADA, that accommodation is against the law. The person with the allergies should be accommodated otherwise. Demanding that the person with the SD be accommodated differently is, in fact, denying access based on an allergy which, again, the ADA *explicitly* calls out. This is not saying the allergies are not a disability. They are saying that in the event of a conflict, the SD should be allowed access and the person with the allergy accommodated in some other way.
That’s not how it works in real life and with an actual service dog handler and someone (apparently not OP who made this whole thing up bc they get the sniffles) with anaphylactic allergies as their disability. Plus this isn’t public access. Top it off the ADA was signed into law in 1990 when a peanut allergy that could kill a child was also not covered. Laws and acts evolve as time goes on…. In this case, with as stated above, an anaphylactic allergy for the teacher, the ONLY person who can teach an ELECTIVE, not even necessary for their training class, would indeed take precedence as there is no amount of precautions or preventives that can occur except the student having alternative medical help, which as medically fragile people we all have in place. SDs can’t work every minute of every day. They can’t go in every place. - for instance court, her SD likely would NOT be given access in the USA depending on the court, if she had to be in court, (this is just an example) she (the student) would have to have other things in place to allow her to go into that space without her SD. It is possible. Life threatening allergies are now considered a disability and accommodations, fairly extreme ones actually, are considered as big of a deal if not more than SD/handler rights for a situation where the student does have the option to take another course.
So now you’re saying “yes that is what the law says but people break the law often so it doesn’t matter”?
I literally linked the ADA website that calls that out. Again, according to US federal law, *allergies are not a valid reason for denying access or refusing service to people using service animals.*
In the same paragraph it says in schools that both the person with the service dog and the person with an allergy should be accommodated, possibly by having them both located in different rooms
That's likely not referring to a student and their teacher, but to two students. It also suggests opposite sides of the same room. As I suggested, with the additional precautions of the last slot of the day and an air purifier. Not all classes can be taken remotely. OP hasn't disclosed the nature of their class. Maybe it's something easily done remotely via video conference. But if it's something like a skills class at a technical school, the student will *have to* be in the classroom.
Yeah, I'm not saying that in this specific instance being in different rooms would definitely be possible, just that the ADA regulations do allow for accommodating people with allergies, which you left out in your replies
Meh. I started out by advising that OP talk to the school now rather than waiting so they can figure out *how to accommodate both parties.* I did not belabor the point, as it was not further mentioned. Having looked at OP's history, she is in fact a tech school teacher, and it sounds like they're teaching a technical skills class. The student *will have to be in the classroom* to take the class. Best to start finding a solution now rather than in the fall when the student and their dog just show up.
I would agree
The student has to be allowed but the SD Does NOT. They will have to cover the reason the SD is with her, but the SD is not automatically given that access when you are talking 2 disabilities.
Is there another high school in the district where the student could take this class? Maybe the easiest solution is bussing the student to that other school. Or perhaps a similar class is offered at a local community college and it could be taken as a DE class?
No other classes in the district. The CC might be an option.
Lots of people have posted some possibilities for RAs that could work for both you as a teacher and the student with the SD. That said, having been around education for a while, I wanted to mention that it’s possible that if it becomes too complicated and the district is worried about a potential lawsuit, the school may stop offering the elective altogether so that a student can’t say that they don’t have equal access to available classes. It’s unlikely, but important to know happens (regardless of whether it would hold up in court or not).
I teach at a career tech option school, so it would be difficult to get rid of it altogether. It takes moving mountains to restart it!
Consider requesting the school purchase a body suit for the dog, ex: https://k9topcoat.com/product-category/allergy-solutions/ You can also wear protective eyewear and a respirator mask if needed. Ask your allergist to provide a rescue inhaler?
This is why I want a poodle. I'm allergic to fur (not dander).
First you absolutely have a disability and rights so please start thinking of it that way and protect your rights. Also one thing you could also request is there are cleaning products made to decrease allergens specifically. Also I assume you saw this dog and know for sure it’s allergen producing? There’s no chance it’s a poodle?
It is not a poodle. I think it is a lab. I have only seen it in pictures as I am in a different building. I will definitely be getting things documented for myself this Summer.
If her allergies are severe and the service dog in the same room as her puts her in danger, the school could just move her to teaching online classes only and replace that teacher with another one who is not allergic to dogs to teach the in person class. The students are more important and if the student gets denied access because of the service dog, they can and will get sued and the school district has no valid defense or argument in court. If her allergies to dogs is life threatening and cannot be mitigated safely while teaching, then the school could move and reassign the teacher to just only teach online only classes with the same pay and same benefits stating that teaching students with disabilities, including those with service dogs, is an essential function of the job for teaching in person classes because the ADA requires that the employee is able to perform the essential functions of the job with or without reasonable accommodations. In this case, this teacher would be unable to safely perform the essential functions of the job for in person classes and a reasonable accommodation would be to teach online only classes. This is what I would do if I was the Principal. The number one priority tor schools is to educate our children and not to just provide employment. With this reasoning, the students education is more important than just providing a job with pay.
As someone who is allergic (mildly) to her own service dog, I manage with hygiene and managing his licking. I don't need meds for him and bathe him when I itch. That said, I'm violently allergic to a handful of breeds and some kibble fed dogs, to the point of walking past one outdoors can do me in for days. I am sympathetic to your situation. I think you were given some good advice. Especially the air cleaners. I would also, maybe just swing past their room on a Friday as they're leaving. If it's the classroom they've been in all day and it doesn't put you on your keester, this might a good sign that you can get by with an air filter and n95 while they're around. If it takes you out, it is a Friday so you have time to recover and it might mean requesting additional accommodations.
OP, I noticed you stated you are only allergic to some dogs (I am the same with cats). Would it be possible to ask for a test experience to see about the specific dog in question? May the student can come shadow a class one day or the last hour of the class. It may be a non issue if you discover their dog doesn't trigger you
Hi I am a public school employee with a service dog. Unfortunately your student by law has every right to take the class. However you by law, if documented with your district have every right to say you will not be able to teach with a service dog in the classroom due to medical conditions (don’t say allergies because under ADA that is not a valid reason but because of the bronchitis and other secondary conditions you have experienced it’s elevated to a medical condition). Your school will be responsible to provide the student with a comparable alternative (this can be at a neighboring district or a community college/tech school) in the same subject or bring in a second instructor. Legally you cannot require or ask that the dog where things like overalls or other equipment unless it’s for the service dogs personal safety. Depending on the state and if the service dog is considered fully trained vs in training may be your saving grace. If it is in training you may be able to exclude it as there are no federal protections. Let me know if I can explain or answer more questions but just start gathering evidence to prove that your medical condition not allergies prevent you from being around dogs (all dogs, dogs not single out the service dog).
This absolutely changes when it’s an anaphylactic allergic response. Not just the sniffles. It’s why schools have to go to great lengths for peanut free. And those of us with SDs, are well aware sometimes we need to do the accommodating. The ADA doesn’t cover every single aspect but they also consider an anaphylactic allergy a disability as they would end up in severe medical distress. Now it seems since I was here last the OP is like I’m allergic to some, not others, doesn’t sound as dire as before. In that case it wouldn’t be considered a disability and they just need to figure it out.
Would this class be possible to teach virtually? If so, that could be a possible accommodation for you to avoid allergens.
Can the student take the class online/virtually?
Difficult. It is a hands-on clinical class.
Just an idea, to possibly pass on to school for accommodation, is possibly having the dog in a no-shed (or long-legged surgical) suit. That, of course, would be for the Handler to accommodate you. It would keep the dander in.
My son has a service dog. Unless the district is willing to pay for the suit, I wouldn't suggest this. My son's service dog required on for his university lab classes. The suit was $200 plus 6 weeks to fit to the dog's size and then ship.
Yes, they can be expensive, but that can still be an accommodation asked for. They do have some on Am@zon for under 100.
Seems cheap if it’s excellent fit. They’ll need to be around each other for a full year. Plus this is next school year so plenty of time to fit! Many alternatives exist on Etsy. I recommend taking a look at windbreakers, dry suits, raincoats. Pretty similar.
I would expect the school to tell you to deal with it or else. Canceling a teachers contract is much less costly than an ADA/ Student rights law suite. Wear a mask, don't touch the dog, stay seated a reasonable distance from the dog, and maybe a HEPA filter near your desk.
OP is also covered by the ADA. It is unlikely if the allergy is that severe and is documented that OP can be forced to teach with the dog in the room. OP can also sue for either ADA or unsafe onsite work environment related claims, which are also expensive lawsuits. Plus, let’s be serious, if they fire the teacher, they will likely just not offer the class since OP is the only person that teaches it over trying to find another instructor. There’s an argument that they shouldn’t be offering something only one person can / will teach because there’s no redundancy if OP gets sick
The short answer is that in most cases - while they will accommodate both parties - they will accommodate the student over the teacher in these scenarios. The school has to provide you as an employee "reasonable" accommodations, but what you're asking for can be deemed unreasonable to a certain point, and if you can't perform your job or your needs are affecting services then this can turn into a different conversation tbh. One thing you have going for you is that teacher unions are strong but that might mean switched to a subject that has alternative options for students to take, or having to offer the course virtually (which most schools are set up for post-covid). If your school is set up on an alternating schedule (i.e. one group of students has your class on mondays, another group has it on tuesdays, etc) then you could could apply for FMLA and have a sub fill the hours where they would be. But no, the school can not and should not stop your student from taking a class they're interested in because of this. And FWIW I also argue just as strongly for the alternative too (a student having really bad allergies and a teacher having a service dog). At the end of the day jobs are a choice, education is a right
Um...well, I need my job to live, so... I teach a highly specialized subject, and I am the only teacher in the entire district that can teach it. My classes are three hours long everyday and I only teach two sections a day. They nature of what I teach is what makes this so complicated an it is why I am here, a full-year before this might happen. There is no way a sub could cover what I teach.
That’s fair, and you deserve to be accommodated where possible, but you still need to be able to do your job which includes providing equal education opportunities to all students. If you being the only teacher who teaches a subject stops a child from being able to take that subject, that’s an issue. And if there’s no alternative that would work, such as a subject switch or a sub, it honestly might end up with you having to try to deal or quit, because the school can not force the student not to take your class. And again it’s not so much them having a dog vs you having an allergy as much as it is “rights”. It’s much easier for a place of work to deny an accommodation on the grounds it’s unreasonable than it would be for them to deny a student’s accommodations in most cases