Under Consideration: New Fed Rules for Flights with Service Animals

With numerous recent issues related to the safe travel of service and comfort animals on airlines, the Department of Transportation is considering new regulations for flights, with most of the controversies and recent concerns related to emotional support animals, a somewhat ill-defined category.

DOT officials are considering rule changes and seeking public comment on concerns such as requirements for leashing or crating service animals and whether emotional support/comfort animals should be included in the same category as service animals such as those for individuals who are Blind, for instance. The Department is also considering possible limits on the size and/or species of animals permitted on planes, as well as requirements for documenting an animal's training and qualifications.

Proponents and opponents of emotional support animals both note that the Americans with Disabilities Act and the Air Carrier Access Acts are at times unclear and even in conflict regarding the legal responsibilities of air carriers and the rights of passengers with disabilities.

Transportation.gov provides the following information to passengers considering air travel with a service animal at this link: https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals-including-emotional-support-animals

To comment on the newly proposed regulations, please visit: Regulations.gov at: https://www.regulations.gov/document?D=DOT-OST-2018-0068-0001


For additional viewpoints on the issue, please visit:

https://www.disabilityscoop.com/2018/05/22/feds-eye-flying-service-animals/25113/
https://www.nytimes.com/2018/05/01/travel/service-animals-planes.html
https://www.dallasnews.com/business/airlines/2018/04/15/pets-plane-american-southwest-airlines-government-help-emotional-support-animals

Congress Members Request GAO Analysis of School ADA Compliance, Protest Equity Delays

Last week, three U.S. Representatives from two states--  José E. Serrano, a Democrat form New York, Jerrold Nadler, also a Democrat from New York, and Bobby Scott, a Democrat from Virginia, sent a letter to the Government Accounting Office (GAO) urging the agency to launch a nation-wide anaysis of school compliance with the Americans with Disability Act. The congressmen are the Ranking Member of the House Commerce, Justice, Science (CJS) Appropriations Subcommittee, Ranking Member of the Judiciary Committee, and Ranking Member of the Education and the Workforce Committee, respectively.

The letter noted, "...localities continue to undermine the law by limiting the number of schools students with disabilities can physically access through negligence and lackluster enforcement of the ADA. That is why we write to request the Government Accountability Office to analyze and issue a report on ADA compliance in our nation’s schools.”

Full text of the GAO letter can be found here: https://democrats-edworkforce.house.gov/media/press-releases/congressman-serrano-leads-joint-effort-to-help-ensure-students-with-disabilities-can-access-public-education-

Mr. Scott along with Senator Patty Murray (D-WA) is also engaged in ongoing efforts to prevent delays and possible rollbacks of civil rights protections for students with disabilities under the Equity in the Individuals with Disabilities Education Act (IDEA) rule, which addresses disproportionate identification, placement, and disciplinary treatment of students of color in special education. Congressman Scott and Senator Murray are especially concerned since February, when the Office of Special Education and Rehabilitative Services announced plans to postpone the compliance date of the “Equity in IDEA” or “significant disproportionality” regulations for K-12 students until July 1, 2020, and for children ages three through five until July 1, 2022.