[Second Reprint]

SENATE, No. 1797






Sponsored by:


District 5 (Camden and Gloucester)


District 3 (Salem, Cumberland and Gloucester)

Assemblywoman† L. GRACE SPENCER

District 29 (Essex and Union)


District 32 (Bergen and Hudson)

Assemblyman† PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman† ANGEL FUENTES

District 5 (Camden and Gloucester)


Co-Sponsored by:

Senators Turner, Beach, Assemblymen Gusciora, Wilson, Ramos, Wisniewski, Giblin and Diegnan






†††† Allows students with disabilities to bring service animal to school.



†††† As amended by the General Assembly on June 23, 2011.


An Act concerning the use of service 1[dogs] animals1 by certain students and supplementing chapter 46 of Title 18A of the New Jersey Statutes.


†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:


†††† 1.††† The Legislature finds and declares that: service 1[dogs] animals1 have a long history of performing crucial tasks and fulfilling a significant role in the daily activities of many people with 1[certain]1 physical disabilities; in addition to their traditional roles, service 1[dogs] animals1 can be trained to be a calming influence and provide a connection to the familiar in unfamiliar surroundings for students with autism or other developmental disabilities; 1under the† federal Americans with Disabilities Act of 1990, service animals are permitted in schools, other public areas, and places of public accommodation;1 allowing a student with autism or other 1[developmental]1 disability to bring a 1[medically-recommended]1 service 1[dog] animal1 to class and on school grounds will enhance the learning process and help the student reach his full academic potential.†††††††††


†††† 2.††† a.† A student 1[who is classified as eligible for special education programs and services for] with a disability, including1 autism 1[or other developmental disability may keep a medically-recommended] , shall be permitted access 2[to] for2 a1 service 1[dog] animal1 in school buildings, including the classroom, and on school grounds 1[as authorized in accordance with the provisions of subsection b. of this section]1 .

†††† b.††† 1[The parent or guardian of a student who seeks authorization for a service dog in accordance with the provisions of subsection a. of this section shall provide the school district with: (1) a written recommendation from a physician or other medical professional that the student be allowed to bring the service dog in school buildings, including the classroom, and on school grounds; and (2) certification that the service dog has been trained by a recognized training agency or school]A school official may inquire as to whether the service animal is required due to a disability and what task or work the service animal has been trained to perform, unless the studentís disability and the work or task that the service animal will perform are readily apparent.† A school official may require: (1) certification from a veterinarian that the service animal is properly vaccinated and does not have a contagious disease that may harm students or staff; and (2) documentation that any license required by the municipality in which the student resides has been obtained for the service animal.

†††† c.†††† The service animal shall be under a handlerís control at all times by use of a leash, tether, voice control, signal, or other suitable means.† The school shall not be responsible or liable for the care or supervision of the service animal.† The school shall provide reasonable accommodations to allow the handler to provide for the care and feeding of the service animal while on school grounds or at a school function1.


†††† 3.††† This act shall take effect immediately.