The West Fargo School District recognizes that animals may be present on school property for a variety of reasons, including their use as part of the educational program, as service animals for individuals with disabilities, or as part of school-sponsored events. The District also acknowledges that animals may sometimes be brought onto school property by visitors, staff, or others for non-curricular purposes.

While the presence of animals can provide educational, therapeutic, or social benefits, the District believes there are potential medical, safety, and liability risks associated with animals on school property. Accordingly, the District establishes this policy to set parameters for the presence and use of animals in schools and on school property, balancing educational and support benefits with the responsibility to protect the health, safety, and rights of learners, staff, and the public.

Definitions

For purposes of this policy:

• Disability is defined in 28 CFR Part 35.108 with respect to an individual, as a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
• Service animal is defined in NDCC 25-13-01.1 and the ADA (28 CFR §35.136) as any dog (and in limited circumstances, a miniature horse) trained to do work, perform tasks, or provide assistance for the benefit of an individual with a disability. The term includes an animal trained to provide assistance to an individual with a disability, pull a wheelchair, lend balance support, retrieve dropped objects, or provide assistance in a medical crisis
• Emotional Support Animal (ESA): An animal that provides comfort or emotional support to an individual but is not individually trained to perform specific tasks related to a disability. Emotional support animals are not service animals under federal or state law.
• School property is defined in NDCC 15.1-19-10(6)(c) as all land within the perimeter of the school site and all school buildings, structures, facilities, and school vehicles, whether owned or leased by a school district, and the site of any school-sponsored event or activity.

Use of Animals for Educational Purposes

Before a teacher may use an animal as part of the educational program or participate in an activity involving animals (e.g., a field trip), the teacher must submit a request to the building principal in accordance with administrative regulations. The principal shall consider such requests on a case-by-case basis based upon criteria established by the Superintendent.

Use of Service Animals by the Disabled

A qualified individual with a disability may be granted use of a service animal on school property, provided the work or tasks performed by the service animal are directly related to the individual's disability. The Superintendent shall make such determinations on a case-by-case basis based on the following criteria:

Would the presence of the service animal:

• Impose an undue financial or administrative burden on the District;
• Require a fundamental alteration to an educational program;
• Impact legally protectable rights of others.

A disabled learner's parent may be given the option of changing the learner's educational placement if alternative placement will remedy the infringement of others' rights.

The individual with a disability or designated handler is responsible for the proper care and supervision of the service animal while on school property.

Animals on School Property Not for Curricular Use

Animals not being used for curricular purposes or as service animals are generally not permitted on school property. The only exception is when an animal remains fully contained within a motor vehicle during drop-off or pickup, provided the animal’s presence does not create a disruption or safety concern.

Additional exceptions to this general prohibition may be made under the following conditions:

Certified Comfort Animals

Certified comfort animals are specially trained dogs partnered with School Resource Officers (SROs) and managed under the authority of the West Fargo Police Department. These animals are vetted, certified, insured, and maintained according to established public safety protocols. Their primary purpose is to support learner well-being and foster positive connections between law enforcement and the school community.

Requests from staff to bring privately owned animals for use as comfort or emotional support animals in classrooms are not permitted under this policy, except under extraordinary circumstances reviewed and approved by executive leadership. Approval will be rare and contingent on documented evidence of need, formal certification of the animal, and assurances that all outlined requirements can be met.

While the District values the therapeutic role animals can play, it recognizes the legal, financial, and instructional challenges associated with privately owned comfort animals. Therefore, the default position is not to allow privately owned comfort animals, with rare exceptions subject to rigorous review.

Key Considerations

1. Liability & Insurance
   • The District does not assume liability for privately owned comfort animals.
   • The owner/handler is fully responsible for any claims, injuries, or damages that may occur.
   • Proof of liability insurance must be provided as a condition of approval.
2. Financial Responsibility
   • All expenses related to the animal—including food, supplies, training, grooming, and veterinary care—are the sole responsibility of the owner/handler.
   • The District will not provide funding or reimbursements for privately owned comfort animals.
3. Classroom Management & Supervision
   • The presence of an animal must not interfere with the teacher’s ability to effectively manage instruction or supervision.
   • A written plan must demonstrate how the animal’s needs (bathroom breaks, exercise, supervision) will be met during the school day without disrupting learning.
4. Learner Health, Safety, & Equity
   • Consideration must be given to learners and staff with allergies, asthma, phobias, or medical conditions impacted by animal exposure.
   • Religious and cultural beliefs that prohibit or restrict contact with animals must also be respected.
   • If the presence of an animal creates a health or equity conflict, the District reserves the right to deny or revoke approval.
   • To prevent inequity across schools, requests will be evaluated with consideration for fairness, consistency, and overall impact on school culture.
   • Approval of one request does not set precedent for others.
   • Approval Process
     • All requests for non-SRO comfort animals must be submitted in writing to the Office of the Superintendent.
     • Requests will be reviewed in consultation with district legal counsel, risk management, and insurance providers.
     • Approval will be granted only in exceptional cases where significant benefit is demonstrated, and risks are fully mitigated.   

School-Sponsored Events

Animals may be allowed at educational or community engagement events (e.g., fairs, agricultural shows, demonstrations) when approved by the Superintendent provided appropriate safety and sanitation measures are in place.

Animals are not permitted at school-sponsored athletic events, competitions, or other large spectator activities unless they are service animals as defined by this policy.

Liability

The handler is solely responsible for the care, supervision, and control of the animal, as well as any damage or injury caused. The District assumes no liability for such occurrences.

Revocation of Animal Use or Presence

The decision to allow any type of animal on school property may be revoked if:

• The animal poses a direct health and/or safety threat to others;
• The animal is not properly controlled;
• The animal’s presence has fundamentally altered an educational program or activity.

The District may offer alternatives to using a service animal (such as employing an aide), provided the alternatives effectively meet the learner's needs.

Animal-Related Injuries

The principal and parent/guardian (if a learner is involved) must be notified as soon as possible if an animal bites an individual on school property or at a school-sponsored activity, or if an animal-related incident occurs on school property or at a school-sponsored activity that could have an adverse effect on an individual's physical or emotional health. An accident report must be filed with the principal in accordance with district policy and regulations.

 

Adopted:      10/12/15

Reviewed:      03/07/23

Revised:      09/23/25