The Federal Laws of Helping Paws
        
        
        
        They're furry. They're cute. They serve a life-saving,  independence-giving purpose. They are service dogs… and they are  incredible.  
As amazing as service dogs are, however, the laws governing them can  represent unchartered territory or present novel circumstances for  postsecondary educational institutions. In addition to providing other required  accommodations for students with disabilities, institutions must master the  specific federal protections afforded to individuals with service dogs (not to  mention state and local laws, which are topics for another article). In  ensuring compliance, institutions must constantly be adapting deceptively  straightforward (and slim) guidance to the constant stream of unique situations  presented by students with disabilities who utilize various types of animals  that purport to serve numerous disability-related tasks. This type of  square-peg-in-a-round-hole compliance requires adherence to a well-reasoned  process rather than a formulaic, yes-or-no result.  
To help guide that process, this article offers a primer — written from  the perspective of an attorney who focuses on representing postsecondary  educational institutions and who also has a service dog — on some of the do's  and do not's when a student with a disability requests an accommodation to  permit a service animal at your institution.  
'Golden (Retriever)' Guidance for  Institution-Wide Policies   
Do not assume all  dogs are service dogs under the Americans with Disabilities Act (ADA).   
Due to their usefulness, service dogs are exploding on the scene across  the country. It seems that there are dogs of all breeds, wearing all colors of  vests, being "registered" with various databases and performing all sorts of  tasks. However, do not let these distractions fool you — the ADA is actually  fairly narrow in its protections relating to service dogs. In fact, the rising  confusion relating to service dogs prompted this year's International  Assistance Dog Week to focus on educating people about the differences between  service dogs, therapy animals and those just along for the ride.
First and foremost, only dogs (and miniature horses to a different  degree) are covered by the ADA. "Service" turkeys and rabbits, as helpful as  they may be, are not afforded protection under the ADA. However, they may  qualify for protections under other laws, such as the Air Carrier Access Act,  Fair Housing Act,and/or Rehabilitation Act of 1973. 
Similarly, therapy or emotional support dogs are not service dogs under  the ADA. Rather, the ADA protects only those dogs that have been individually  trained to do work or perform a task for a person with a disability. Despite  many assertions to the contrary, there is no mandatory "registry" for service  dogs, nor are service dogs required to wear certain vests or colors. Thus, if  it is not readily apparent that the dog is a service dog, an institution may  ask the student only two questions: 1) is the dog a service animal required  because of a disability, and 2) what work or task has the dog been trained to  perform? If the dog is required because of a disability and has been trained  for a particular task related to that disability, then the dog is a service dog  and should be permitted to accompany the student. However, if the dog is not  trained to perform a task but rather its presence alone is calming or  therapeutic to the person, then it is not a service dog. 
Related; the ADA does not permit institutions to ask for documentation  regarding the service dog's abilities, where the dog was trained or about the  person's disability. However, an academic institution may exclude a service dog  if the person with a disability fails to keep the dog under control. If that  occurs, the person with the disability should still be afforded the opportunity  to attend without the service dog. 
Do follow your  reasonable accommodation process for non-service animals.  
The analysis is not necessarily over just because the animal is not a  service dog. A person with a disability may request a therapy or emotional  support animal to be permitted as a reasonable accommodation under Section 504  of the Rehabilitation Act of 1973 and/or the Fair Housing Act. In those  instances, an academic institution should follow its reasonable accommodation  process and engage the student in the interactive process regarding the therapy  or emotional support animal, particularly as it relates to on-campus housing or  employment.
Non-ADA federal law is less clear as to whether an institution must  permit an emotional support animal into its public areas (such as classrooms)  as a reasonable accommodation, but the best practice is likely to engage in the  interactive process with the student. These laws are meant to be floors to  safeguard the rights of individuals with disabilities, and thus institutions  are permitted (if not encouraged) to provide additional accommodations than  those required as a bare minimum to comply with federal law.  
Do not ignore  unknown animals on campus. 
Academic institutions may be exposing themselves to liability if they  permit a person to bring an animal into a class without confirming the animal  is permitted to be there by law or institutional policy. For example, if a dog  that does not qualify as a service dog (and is not otherwise permitted as a  reasonable accommodation) bites someone, the person who was bit will likely  attempt to sue the institution for knowingly permitting a dog on the premises  (even though that dog was likely banned in the institution's written policies).  In the postsecondary education context, the academic institution is almost  certainly more able to pay for damages than a fellow student (who actually  owned the dog). Therefore, the institution becomes a favorite target for  litigants (in addition to the owner of the dog). Even if successful in  defeating the lawsuit, the institution will need to incur litigation expenses  to do so.  
'Pointers' for Interacting with a Person  with a Disability with a Service Dog
Do focus the  conversation on the individual with the disability.
Service dogs are excellent ice-breakers for meeting a person with a  disability. They appeal to all demographics, and thus talking about a service  dog is a very easy and smooth introductory topic to discuss with a person with  a disability. However, they are just that — a conversation starter, and not a conversation in and of itself. As such, you  should try to shift the focus of the conversation onto the person with a  disability and get to know her as well as learn about her dog. The person with  a disability will appreciate the focus on her (especially since she has had the  conversation about her dog countless times before), and you will likely make a  valuable addition to your institution's enrollment (or, at the very least,  develop your institution's reputation for being accommodating and welcoming to  people with disabilities).    
Do  not interact with a service dog.  
We all know not to pet a working service dog... right? Right? However, the general rule of  etiquette is much broader than that. In short, the only person who should be  interacting with a working service dog is the person for whom the dog is  working. This includes talking to, staring at or otherwise giving attention to  the dog.  
Although seemingly harsh, this rule makes perfect sense when you  consider the purpose behind it. A service dog performs tasks that require  concentration and focus from the dog, and a service dog that receives attention  from others (or becomes accustomed to receiving attention from others) can be  distracted mid-task. Beyond a mild annoyance to most people, distracting a  service dog can endanger the person depending on the dog to finish the task as  directed. For example, one of the tasks of a service dog can be to brace itself  so that a person in a wheelchair can put weight on the dog's shoulders to help  re-position herself — thus, a service dog moving during the brace (e.g.,to greet a well-meaning passerby) can easily cause the person to fall out  of her wheelchair. Similar results occur when the dog is tasked to help guide a  person across a street, go get help, detect a seizure, etc.  
At most, if you must address the dog, ask the person with the service  dog if you may interact with the dog and engage only if — and to the extent —  the owner allows. People using service dogs handle this situation differently  depending on their comfort level and need for the dog to focus exclusively on  them, and therefore will be able to give the best instruction for each  situation. Please be aware that it is not a personal rejection of you if the  person with a disability declines your invitation to pet her service dog.  
Do be in awe of service dogs. 
Many service dogs have over 100 commands (which is apparently, as I'm  often told, more commands than spouses/children/bosses/politicians know).  Stated otherwise, that is 100 tasks for providing independence and safety for  people with disabilities. They can help open doors, pick up dropped items as  small as a dime, get help if a person falls, detect a seizure, minimize the  effect of an anxiety attack on a veteran suffering from post-traumatic stress  disorder, detect life-threatening allergens, etc. The list goes on and on and  on. Moreover, service dogs are trained by individuals (often volunteers) who  donate upwards of two years of their time, financial resources, and love to  raise and train the service dog, all the while knowing their goal is for the  dog to be placed with somebody else. So, the service dog you see walking down  the street represents years of love, sweat and tears of many people. 
On a macro level, whole industries are springing up because of service  dogs. For example, the Bergin University of Canine Studies offers associate,  bachelor and master degrees in how to work with and train service dogs (and the  volunteers working with them). Similarly, research is being conducted to  determine how to utilize service dogs in new fields and unconventional ways,  such as to detect insects in crops, warn of cancer and other medical ailments  and as first responders to locate survivors and identify dangerous substances.  The exploration of the talents of service dogs is still in its infancy, and  will continue to rapidly grow in the next decade.
In short, service dogs are awesome … and it is great for institutions  and their personnel to acknowledge the vital role these animals play in  people's lives (and society in general). 
Conclusion 
As noted, these are just a few guiding principles to consider in  helping your institution efficiently and legally address the needs and concerns  of its students with disabilities utilizing service animals. For more guidance  or for specific advice, please contact an attorney who can help guide you  through this process, as well as facilitate training for the personnel at your  institution. By drafting current and well-reasoned policies, creating  checklists to ensure compliance with those policies and providing training for  your personnel to invest into the policies, your institution will both respect  the rights of people with disabilities and minimize the stress and financial  burden of defending against a potential discrimination lawsuit.  
Bryce Young is a trial  and appellate attorney focusing on postsecondary education law in Duane Morris'  San Diego office. He serves as general counsel as well as outside litigation  counsel to numerous universities and colleges across the country. 
Disclaimer: This article is prepared  and published for informational purposes only and should not be construed as  legal advice. The views expressed in this article are those of the author and  do not necessarily reflect the views of the author's law firm or its individual  partners.