Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF256 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to education; allowing for service animal support in schools; proposing
3	3	1.3 coding for new law in Minnesota Statutes, chapter 125A.
4	4	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5	1.5 Section 1. [125A.081] SERVICE ANIMAL SUPPORT.
6	6	1.6 Subdivision 1.Student access to service animals.A school district is prohibited from
7	7	1.7denying a student access to their service animal that is a related service to an individualized
8	8	1.8education program under section 125A.08. A student has a right to make autonomous
9	9	1.9decisions regarding supported access to their service animal in an educational setting.
10	10	1.10 Subd. 2.Definitions.(a) For purposes of this section and section 125A.08, the following
11	11	1.11terms have the meanings given.
12	12	1.12 (b) "Related services" means services provided to a student with a disability beyond
13	13	1.13special instruction that are appropriate to the student's needs. Related services may include
14	14	1.14support for a student with a disability to access service animals. If a student with a disability
15	15	1.15needs support to utilize their service animal due to the student's disability, the school district
16	16	1.16must provide, on any written support plan for the student, staff support to access and utilize
17	17	1.17the service animal as a related service.
18	18	1.18 (c) "Service animal" means a dog or other animal that has been trained to assist or perform
19	19	1.19tasks for an individual with a disability.
20	20	1.20 Subd. 3.Service animals; practices and procedures.(a) A district must ensure that
21	21	1.21its policies, practices, and procedures permit the use of a service animal by an individual
22	22	1.22with a disability in accordance with Code of Federal Regulations, title 28, section 35.136.
23	23	1Section 1.
24	24	25-00002 as introduced12/12/24 REVISOR CR/DG
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 256NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: HOFFMAN and Abeler)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading01/16/2025
31	31	Referred to Education Policy 2.1 (b) For a student who is assigned a paraprofessional to assist the student in the educational
32	32	2.2setting and to ensure adaptive equipment and assistive technology are utilized as directed
33	33	2.3by the student's unique and individualized needs, the paraprofessional must be responsible
34	34	2.4to assist with maneuvers, including but not limited to helping with tethering and untethering
35	35	2.5the service animal, assisting a student with getting water for a service animal and pouring
36	36	2.6water into a bowl, prompting a student to occasionally issue commands to a service animal,
37	37	2.7and escorting a student throughout the school or campus as the student uses their service
38	38	2.8animal.
39	39	2.9 (c) School staff must work with the service animal trainer to ensure understanding of
40	40	2.10the service animal, how the animal directly impacts the student, how to effectively handle
41	41	2.11the service animal, and how to effectively complete permitted procedures.
42	42	2.12 (d) At any time, a student must be able to access or have support to access a service
43	43	2.13animal activated by learned cues and the paraprofessional's training by the student, student's
44	44	2.14family, and service animal trainer.
45	45	2.15 Subd. 4.Service animal under handler's control.(a) A service animal must be under
46	46	2.16the control of its handler. A service animal must have a harness, leash, or other tether, unless
47	47	2.17either the handler is unable because of a disability to use a harness, leash, or other tether,
48	48	2.18or the use of a harness, leash, or other tether would interfere with the animal's safe, effective
49	49	2.19performance of work or tasks, in which case the service animal must be otherwise under
50	50	2.20the handler's control such as by voice control, signals, or other effective means.
51	51	2.21 (b) Except under exigent circumstances, a district must not untether a service animal
52	52	2.22from a student with a disability without the consent of the student's parent or legal guardian,
53	53	2.23or, if the student is an adult, consent of the adult student.
54	54	2.24 Subd. 5.Care or supervision.A district must not be responsible for the care or
55	55	2.25supervision of a service animal, including but not limited to toileting, feeding, grooming,
56	56	2.26and veterinary care of the animal.
57	57	2.27 Subd. 6.Handler.The handler of a service animal is presumed to be the individual with
58	58	2.28a disability. A district must permit a student with a disability to serve as the handler of their
59	59	2.29own service animal in school and must not require the student to provide a third-party
60	60	2.30handler for the service animal.
61	61	2.31 Subd. 7.Modifications to policies, practices, and procedures.By August 1, 2025, a
62	62	2.32district must modify its policies, practices, and procedures to permit the use of a service
63	63	2.33animal by an individual with a disability in accordance with Title II of the federal Americans
64	64	2.34with Disabilities Act and Code of Federal Regulations, title 28, section 35.136.
65	65	2Section 1.
66	66	25-00002 as introduced12/12/24 REVISOR CR/DG 3.1 EFFECTIVE DATE.This section is effective the day following final enactment.
67	67	3Section 1.
68	68	25-00002 as introduced12/12/24 REVISOR CR/DG