Have you ever seen someone with a cute puppy wearing a vest that says “Service Dog in Training” and wondered if they can go anywhere they want? The answer isn’t as simple as you might think. As someone who’s researched this topic extensively, I’m gonna break down exactly what you need to know about service dogs in training and their access rights.
The Short Answer: It Depends on Where You Live
Service dogs in training (SDiTs) don’t have the same universal access rights as fully trained service animals under federal law While fully trained service dogs can go pretty much anywhere their handlers go, dogs still learning the ropes have different rules depending on which state you’re in
Federal Law vs. State Law: The Big Difference
What Federal Law Says
The Americans with Disabilities Act (ADA) provides clear protections for fully trained service animals. According to the ADA, a service animal is defined as a dog that’s been individually trained to perform specific tasks for someone with a disability.
However, here’s the catch – the ADA doesn’t extend these same protections to dogs still in training. This means under federal law alone a service dog in training doesn’t automatically have the same access rights as a fully trained service dog.
How State Laws Fill the Gap
Since the ADA doesn’t cover service dogs in training, it’s up to individual states to create their own laws. This creates what I like to call a “patchwork quilt” of regulations across the country:
- Many states grant service dogs in training the same public access rights as fully trained service animals
- Some states offer limited or conditional access (like only allowing professional trainers)
- Other states have no specific laws at all about service dogs in training
This means if you’re training a service dog, you need to know your specific state’s laws. What’s allowed in California might not be allowed in Texas!
Places Where Even Fully Trained Service Dogs Might Be Restricted
Even fully trained service animals don’t have 100% access everywhere. Some places where access might be limited include:
- Private membership clubs
- Religious organizations
- Sterile environments like hospital operating rooms
- Certain areas of zoos (like free-flight aviaries)
These restrictions apply even more to service dogs in training in most cases.
The Difference Between Service Dogs and Emotional Support Animals
This is super important! Many people confuse these two categories:
Service Dogs:
- Trained to perform specific tasks related to a disability
- Can be any breed or size
- Don’t need certification or professional training (though many have it)
- Don’t need to wear a vest or ID (though many do)
Emotional Support Animals:
- Provide comfort just by being present
- Not trained for specific tasks
- Not covered by the ADA for public access
The key difference is in the training. If a dog is trained to sense an anxiety attack is coming and takes specific action to help avoid it, that’s a service dog. If the dog just makes you feel better by being there, that’s an emotional support animal.
Examples of Tasks Service Dogs Can Perform
Service dogs can do amazing things! Here are some examples:
- Retrieving objects for someone in a wheelchair
- Reminding someone with depression to take medication
- Alerting someone with PTSD to an oncoming panic attack
- Detecting seizures before they happen and helping keep the person safe
What Businesses Can (and Can’t) Ask
If you’re a business owner wondering what you can ask when someone brings in a dog, or if you’re a handler wanting to know your rights, here are the only two questions that can legally be asked:
- “Is the dog a service animal required because of a disability?”
- “What work or task has the dog been trained to perform?”
Businesses CANNOT:
- Ask about the person’s disability
- Request medical documentation
- Ask for special ID or certification for the dog
- Ask the dog to demonstrate its task
For service dogs in training, the answer to the second question would describe what tasks the dog is learning to do.
Handler Responsibilities
If you’re training a service dog, you still have responsibilities:
- Keep your dog under control at all times (usually on a leash)
- Make sure your dog is housebroken
- Be prepared to remove your dog if it becomes disruptive
State-by-State Variations: Some Examples
To give you a better idea of how much these laws can vary, here are some examples:
| State | Service Dogs in Training Access |
|---|---|
| California | Full public access rights similar to trained service dogs |
| Florida | Access for professional trainers with ID from training school |
| New York | No specific state law protecting SDiTs |
| Texas | Access rights with certain conditions |
Note: Laws change frequently, so always double-check your state’s current regulations.
Why Public Access Training Matters
One reason many advocate for service dogs in training to have public access is because real-world experience is crucial to their development. Think about it – a service dog needs to:
- Stay focused in distracting environments
- Remain calm around other people and animals
- Navigate various public spaces confidently
- Perform their tasks reliably no matter where they are
Without exposure to these environments during training, it’s hard for a dog to learn these skills.
Tips for Service Dog Trainers
If you’re training a service dog, here are some tips to make public outings smoother:
- Always check local laws before heading out
- Start with quiet, less crowded places and gradually work up to busier environments
- Bring documentation of your state’s laws if available
- Be prepared to educate others politely
- Consider using a vest that says “Service Dog in Training” even though it’s not required
- Have business cards explaining your legal rights to share with curious business owners
Tips for Businesses
If you run a business and want to be prepared for service dogs in training:
- Train your staff on both ADA requirements and your state’s laws regarding service dogs in training
- Post your policy clearly if your state doesn’t provide SDiT access
- Remember you can only ask those two specific questions
- Know when you can legitimately ask for a service animal to be removed (disruptive behavior or not housebroken)
What About Housing and Travel?
Service dogs in training have different rules for housing and air travel:
Housing
- The Fair Housing Act may apply differently than the ADA
- University housing, public housing programs, and emergency shelters have ADA requirements
- For other housing, check with the U.S. Department of Housing and Urban Development
Air Travel
- The Air Carrier Access Act (not the ADA) governs service animals on planes
- Airlines often have their own policies about service dogs in training
- Always check with your airline before traveling
Common Misconceptions
Let’s clear up some common misunderstandings:
-
Myth: Service dogs must wear vests or ID badges.
Fact: Neither fully trained service dogs nor those in training are required to wear identification. -
Myth: Only certain breeds can be service dogs.
Fact: Any breed or size of dog can be a service animal. -
Myth: States can’t require service dogs to be licensed.
Fact: States can require service dogs to be licensed and vaccinated if they require this of all dogs. -
Myth: Businesses can require certification for service dogs.
Fact: No certification or registration can be required.
The Future of Service Dog Training Access
There’s ongoing advocacy to amend the ADA to include protections for service dogs in training at the federal level. This would create consistency across all states and make life easier for trainers.
Until then, we’re stuck with this state-by-state approach that can be confusing for everyone involved.
The bottom line is that service dogs in training don’t have the universal access rights that fully trained service dogs have under federal law. Their access depends entirely on state laws, which vary widely.
If you’re training a service dog, research your state’s specific laws and be prepared to educate others. If you’re a business owner, know both the ADA requirements and your state’s laws regarding service dogs in training.
The patchwork of regulations can be frustrating, but with the right knowledge, both handlers and businesses can navigate these waters successfully.
Have you had experiences with service dogs in training? I’d love to hear your stories in the comments below!
FAQs About Service Dogs in Training
Q: Do service dogs in training need to wear special vests?
A: No, there’s no legal requirement for service dogs in training to wear vests, though many trainers use them to signal to others that the dog is working.
Q: Can a business ask for certification of a service dog in training?
A: No, businesses cannot ask for certification for any service dog, whether fully trained or in training.
Q: Can a service dog in training be any breed?
A: Yes, service dogs can be any breed or size. Some states prohibit breed discrimination in their service dog laws.
Q: What happens if my service dog in training misbehaves in public?
A: If your dog is disruptive or not housebroken, a business has the right to ask you to remove the dog, even in states that provide access rights.
Q: Can I take my service dog in training to restaurants?
A: It depends on your state’s laws. In states that provide public access rights to service dogs in training, yes. In other states, it’s at the restaurant’s discretion.
Remember, the journey of training a service dog is challenging but incredibly rewarding. These amazing animals provide life-changing assistance to people with disabilities, and their training period is a crucial step in preparing them for this important work.
For-profit service dog placement programs
American Disability Rights understands that there are individuals and companies offering the sale of task-trained service dogs with little to no wait list period.
Sadly, there are too many parties interested in making an easy profit while claiming to benefit disabled Americans. The Department of Justice has repeatedly said that individuals and organizations that sell documents, certifications and registrations online should not be recognized as proof that the dog is a service animal.
One option for disabled Americans who can not afford the waitlist time of a nonprofit program or the total expense of a for-profit service dog placement program is direct professional training. This would overcome the major obstacles found with placement program dogs, but would the success would be clearly dependent upon two variables.
- Finding the right service dog candidate. Not every dog has the right work ethic and temperament to complete training and be a working service dog. If you closely look at the most successful nonprofit placement programs, you will discover they use in-house breeding programs with only a few types of dogs. Even with the best case scenario, these programs have to “washout” candidates because they can not complete the training. Those dogs find happy forever homes either helping as therapy animals or just lucky family pets.Education on a dog’s breed history and health history are essential in finding the right candidate for professional training. If you could not wait for a program dog placement, you don’t want to push the envelope with ADA protections on breed bans or size restrictions. A keep it simple approach is best practices. Look for a common breed of nonprofit program service dog with a known parental medical history. To put yourself in the best situation for success, now is not the time to go shopping at the retail puppy mill, the local animal shelter or the exotic breed rescue.
- Finding the right service dog professional trainer. Even before you’ve made the financial investment in candidate dog, you might consider selecting your professional service dog trainer. They need to be experience with training service animals, not just dogs. Anyone accepting payment should be show you their appropriate business licensee(s) and commercial insurance (bonding). Ideally, the would also hold an accreditation or be a candidate for membership in one of the major service animal associations such as Assistance Dogs International (ADI), International Association of Assistance Dog Partners (IAADP) or International Guide Dog Federation (IGDF) as examples. Boarding programs, where the trainer is with the dog full-time, are the most expensive, but also the fastest to complete. If using a private or semi-private training program, expect to invest a minimum of 120 hours over 6 months. Group classes are cheaper, but take longer (18-24 months) to complete. Because each dog responds differently to service dog training, no one can guarantee a timeline or success. It’s reasonable to ask about a potential professional trainers failure rate and business policies related to “washing-out” a dog from training.
The Department of Justice has stated that the Americans with Disability Act does not require service dogs to undergo professional training. This should never be seen as a defense to under-train a service dog. Not all dogs can pass the training for a service dog. These dogs are considered “washed” and should be considered for therapy work or simply as household pets depending upon the training failure reason.
A disabled-owner service dog training should include a written plan with goals and log. In addition to mastering basic house-training, some level of obedience training should be accomplished prior to moving on to public access socialization and disability-task training.
- Command house-training is must for all service animals. The handler should give the animal an opportunity to go to the bathroom prior to entering any building. Accidents are always a reason for a service animal to be asked to leave a building and are always an immediate fail on any independent testing.
- Basic obedience should include: accepting a friendly stranger; sitting politely for petting; walking on a loose lead; navigation in a crowd; sit/down/stay on command; come when called; positive reaction to the presence of another dog; quick recovery from an unexpected distraction and supervised separation. When mastered, these actions should be completed without treats/rewards, but could include verbal directions or hand signals to direct the dog. This training does not have to be conducted in the home, but should only be undertaken in pet-friendly areas.
- Disability task-training should be specific to the needs of the handler. Not all handlers, even those with the same disability, have the same tasks needed to be accomplished with their service dog to mitigate their specific issues. In general, a service dog should accomplish more than 3 tasks for his disabled handler.
- As the ADA does not grant Service Dogs in Training public access, disabled-owners should only utilize pet-friendly locations if their state does not extend public access rights to SDiT in their location and for their disability.
- The IAADP minimum training for public access calls for 120 hours over six months or more. At least 30 hours dedicated to the dog working in public places obediently and unobtrusively. Public access training goals include that a fully-trained service dog should be able master:
- Obedience Training: a dog must master the basic obedience skills: “Sit, Stay, Come, Down, Heel” and a dropped leash recall in a store in response to verbal commands and/or hand signals.
- Manners: a dog must acquire proper social behavior skills. It includes at a minimum:
- No aggressive behavior toward people or other animals – no biting, snapping, snarling, growling or lunging and barking at them when working off your property.
- No soliciting food or petting from other people while on duty.
- No sniffing merchandise or people or intruding into another dog’s space while on duty.
- Socialize to tolerate strange sights, sounds, odors etc. in a wide variety of public settings.
- Ignores food on the floor or dropped in the dog’s vicinity while working outside the home.
- Works calmly on leash. No unruly behavior or unnecessary vocalizations in public settings.
- No urinating or defecating in public unless given a specific command or signal to toilet in an appropriate place.
- Disability Related Tasks: the dog must be individually trained to perform identifiable tasks on command or cue for the benefit of the disabled human partner. This includes alerting to sounds, medical problems, certain scents like peanuts or situations if training is involved.
- Prohibited Training: Any training that arouses a dog’s prey drive or fear to elicit a display of aggression for guard or defense purposes is strictly prohibited. Non aggressive barking as a trained behavior is permitted in appropriate situations
- An Owner-Trainer’s Responsibilities: All trainers function as ambassadors for the assistance dog movement. This includes a disabled owner trainer, a provider’s staff or a volunteer with a puppy or adult dog “in training.” It also includes an assistance dog partner or able bodied facilitator helping a disabled loved one to keep up an assistance dog’s training. At a minimum, you should:
- Know pertinent canine laws (i.e. leash laws and public access laws)
- Ensure the dog is healthy, flea free and the rabies vaccination is up to date
- Take time to make sure your dog is well groomed and free of any foul odor
- Show respect and consideration to other people and property.
- Use humane training methods; monitor the dog’s stress level; provide rest breaks.
- Carry clean up materials. Arrange for prompt clean up if a dog eliminates or gets sick.
- Be polite and willing to educate the public about assistance dogs and access rights.
Disability task-training and public access training can be conducted concurrently, but should only be started after the completion of house-training and basic obedience.
Regardless of the type of training used, professional or disabled owner, to be deemed complete a Service Dog in Training should undergo independent testing. This means the trainer does not handle the dog during the test. An unfamiliar party is used to eliminate bias.
While ADA does not require testing certifications, American Disability Rights, Inc. believes that all responsible Service Dog owners should submit to final independent service animal testing standards of Assistance Dogs International or International Association of Assistance Dog Partners or the International Guide Dog Federation. Each organization accredited members professionally train service dogs, but may be allowed to test disabled-owner trained service dogs. Non-accredited, candidate members such as those with ADI may also be able to conduct an independent test.
Intermediate training, including basic obedience can be tested by any trainer with the appropriate business license in their area. The American Kennel Club’s (AKC) Canine Good Citizen (CGC) program is an excellent foundation and widely available.
Not all dogs can make it
Service Dogs in Training may have public access, housing and/or transportation rights under local state law. However, often the states place restrictions that can include disability-type(s) and licensed professional/school trainers. While ADA allows for a task-trained service dog to have been trained by it’s disabled owner, many states may not allow for that owner to conduct the public access training.
Unless you have read a copy of the current state code on the subject and have it with you when training, the best practice is for disabled-owner-trainers to conduct public access training with service dog in training only at pet-friendly businesses or locations. It is common for handlers training dogs in public to have their presence questioned and authority validated.