Bill Text: NY S03751 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to the humane treatment of animals by students in schools, in connection with school sponsored events or activities and experimental studies in laboratories.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S03751 Detail]
Download: New_York-2009-S03751-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3751
2009-2010 Regular Sessions
I N S E N A T E
March 31, 2009
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the humane treatment
of animals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 4, 5 and 6 of section 809 of the education
2 law, as amended by chapter 542 of the laws of 1994, are amended and a
3 new subdivision 7 is added to read as follows:
4 4. Dissection of animals. Any student expressing a moral or religious
5 objection to the performance or witnessing of the dissection of an
6 animal, either wholly or in part, shall be provided the opportunity to
7 undertake and complete an alternative project that shall be approved by
8 such student's teacher; provided, however, that such objection is
9 substantiated in writing by the student's parent or legal guardian.
10 Students who perform alternative projects who do not perform or witness
11 the dissection of animals shall not be penalized. TEACHERS SHALL NOTIFY
12 STUDENTS OF THEIR RIGHTS UNDER THIS SUBDIVISION PRIOR TO THE USE OF ANY
13 ANIMAL FOR DISSECTION.
14 5. Treatment of live vertebrate animals. a. Except as provided for in
15 this subdivision, no school district, school principal, administrator,
16 or teacher shall require or permit the performance of a lesson or exper-
17 imental study on a live vertebrate animal in any such school or during
18 any activity conducted under the auspices of such school whether or not
19 the activity takes place on the premises of such school [where such
20 lesson or experimental study employs: (i) micro-organisms which cause
21 disease in humans or animals, (ii) ionizing radiation, (iii) known
22 cancer producing agents, (iv) chemicals at toxic levels, (v) drugs
23 producing pain or deformity, (vi) severe extremes of temperature, (vii)
24 electric or other shock, (viii) excessive noise, (ix) noxious fumes, (x)
25 exercise to exhaustion, (xi) overcrowding, (xii) paralysis by muscle
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05657-01-9
S. 3751 2
1 relaxants or other means, (xiii) deprivation or excess of food, water or
2 other essential nutrients, (xiv) surgery or other invasive procedures,
3 (xv) other extreme stimuli, or (xvi) termination of life].
4 b. [Notwithstanding any inconsistent provision of this section, the
5 commissioner may, upon the submission of a written program plan, issue
6 to such school a written waiver of such restrictions for students
7 subject to the following provisions: (i) the student shall be in grade
8 ten, eleven, or twelve; and (ii) the student shall be under the super-
9 vision of one or more teachers certified in science; and (iii) the
10 student shall be pursuing an accelerated course of study in the sciences
11 as defined by the commissioner in preparation for taking a state or
12 national advanced placement examination. The commissioner shall issue a
13 waiver of such restrictions for any teacher certified in science
14 instructing such student. The written program plan shall include, but
15 not be limited to: (i) the educational basis for requesting a waiver;
16 (ii) the objective of the lesson or experiment; (iii) the methods and
17 techniques to be used; and (iv) any other information required by the
18 commissioner.] LIVE VERTEBRATES ARE DEFINED AS ANY LIVE, NON-HUMAN
19 VERTEBRATE, MAMMALIAN EMBRYO OR FETUS, BIRD AND REPTILE EGGS WITHIN
20 THREE DAYS (72 HOURS) OF HATCHING, AND ALL OTHER VERTEBRATES AT HATCHING
21 OR BIRTH. EXCLUDED FROM THE ABOVE PROVISIONS ARE:
22 (I) LESSONS AND EXPERIMENTAL STUDIES INVOLVING ANIMALS IN THEIR
23 NATURAL ENVIRONMENT THAT ARE NON-INVASIVE AND NON-INTRUSIVE STUDIES
24 (I.E. OBSERVATIONAL, BEHAVIORAL) THAT DO NOT AFFECT AN ANIMAL'S HEALTH
25 OR WELL-BEING BY CAUSING STRESS, DISCOMFORT OR PAIN AND IN WHICH THE
26 STUDENT WILL HAVE NO PHYSICAL CONTACT WITH THE ANIMAL; OR
27 (II) LESSONS AND EXPERIMENTAL STUDIES BEING CONDUCTED IN A REGISTERED
28 INSTITUTION OR LABORATORY WHERE ANIMAL EXPERIMENTATION IS TAKING PLACE
29 AND IN WHICH THE STUDENT WILL HAVE NO PHYSICAL CONTACT WITH THE ANIMAL;
30 AND THE STUDENT WORKS ONLY WITH NON-LIVING MATERIAL (E.G. TISSUE,
31 BLOOD) THAT HAS BEEN SUPPLIED TO THE STUDENT BY THE SUPERVISING SCIEN-
32 TIST; AND THE ANIMAL INVOLVED IS SACRIFICED FOR A PURPOSE OTHER THAN THE
33 RESEARCH BEING CONDUCTED BY THE STUDENT.
34 ALL OF THE ABOVEMENTIONED LESSONS, AND EXPERIMENTAL STUDIES MUST HAVE
35 A NON-HUMAN VERTEBRATE ANIMAL EXCEPTION FORM COMPLETED BY THE STUDENT'S
36 SUPERVISING SCIENTIST WHICH ATTESTS TO COMPLIANCE WITH THIS SUBDIVISION.
37 SUCH FORMS SHALL BE SENT BY THE STUDENT'S SCHOOL TO THE COMMISSIONER
38 UPON COMMENCEMENT OF THE LESSONS OR EXPERIMENTAL STUDIES.
39 6. Report. On or before the first day of January next succeeding the
40 effective date of this amended section, the commissioner shall annually
41 submit a report to the governor and the legislature which shall include,
42 but not be limited to, the [number of written program plan proposals
43 submitted by schools and the number of such proposals subsequently
44 approved by the commissioner. In those cases where a program plan
45 proposal has been approved by the commissioner, such plan shall be
46 appended to and become a part of the commissioner's annual report] NON-
47 HUMAN VERTEBRATE EXCEPTION FORMS COMPLETED BY STUDENTS' SUPERVISING
48 SCIENTIST AND SUBMITTED TO THE COMMISSIONER BY THEIR SCHOOLS.
49 7. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AND
50 DEVELOP SUCH FORMS AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS
51 SECTION.
52 S 2. This act shall take effect on the first of July next succeeding
53 the date on which it shall have become a law.
