Senate Bill S1302

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1302

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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:

  Section 1.  Subdivision 4 of section 809  of  the  education  law,  as
amended  by  chapter  320  of  the  laws  of 2010, is amended to read as
follows:
  4. Dissection of animals. Any student expressing a moral or  religious
objection  to  the  performance  or  witnessing  of the dissection of an
animal, either wholly or in part, shall be provided the  opportunity  to
undertake  and complete an alternative project that shall be approved by
such student's  teacher;  provided,  however,  that  such  objection  is
substantiated  in  writing  by  the  student's parent or legal guardian.
Students who perform alternative projects who do not perform or  witness
the dissection of animals shall not be penalized. The board of education
or  trustees of a school district shall develop a policy to give reason-
able notice to all students enrolled  in  a  course  that  includes  the
dissection  of  an animal and students' parents or legal guardians about
their rights under this subdivision. Such notice shall be made available
upon request at the school  and  distributed  to  parents  and  students
enrolled  in  a  course  that  includes  dissection at least once at the
beginning of the school  year  PRIOR  TO  THE  USE  OF  ANY  ANIMAL  FOR
DISSECTION.
  S  2.  Subdivisions  5  and  6 of section 809 of the education law, as
amended by chapter 542 of the laws of 1994, are amended and a new subdi-
vision 7 is added to read as follows:
  5. Treatment of live vertebrate animals. a. Except as provided for  in
this  subdivision,  no school district, school principal, administrator,
or teacher shall require or permit the performance of a lesson or exper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01147-01-1
              

S. 1302                             2

imental study on a live vertebrate animal in any such school  or  during
any  activity conducted under the auspices of such school whether or not
the activity takes place on the premises  of  such  school  [where  such
lesson  or  experimental  study employs: (i) micro-organisms which cause
disease in humans or  animals,  (ii)  ionizing  radiation,  (iii)  known
cancer  producing  agents,  (iv)  chemicals  at  toxic levels, (v) drugs
producing pain or deformity, (vi) severe extremes of temperature,  (vii)
electric or other shock, (viii) excessive noise, (ix) noxious fumes, (x)
exercise  to  exhaustion,  (xi)  overcrowding, (xii) paralysis by muscle
relaxants or other means, (xiii) deprivation or excess of food, water or
other essential nutrients, (xiv) surgery or other  invasive  procedures,
(xv) other extreme stimuli, or (xvi) termination of life].
  b.  [Notwithstanding  any  inconsistent provision of this section, the
commissioner may, upon the submission of a written program  plan,  issue
to  such  school  a  written  waiver  of  such restrictions for students
subject to the following provisions: (i) the student shall be  in  grade
ten,  eleven,  or twelve; and (ii) the student shall be under the super-
vision of one or more teachers  certified  in  science;  and  (iii)  the
student shall be pursuing an accelerated course of study in the sciences
as  defined  by  the  commissioner  in preparation for taking a state or
national advanced placement examination. The commissioner shall issue  a
waiver  of  such  restrictions  for  any  teacher  certified  in science
instructing such student. The written program plan  shall  include,  but
not  be  limited  to: (i) the educational basis for requesting a waiver;
(ii) the objective of the lesson or experiment; (iii)  the  methods  and
techniques  to  be  used; and (iv) any other information required by the
commissioner.] LIVE VERTEBRATES  ARE  DEFINED  AS  ANY  LIVE,  NON-HUMAN
VERTEBRATE,  MAMMALIAN  EMBRYO  OR  FETUS,  BIRD AND REPTILE EGGS WITHIN
THREE DAYS (SEVENTY-TWO HOURS) OF HATCHING, AND ALL OTHER VERTEBRATES AT
HATCHING OR BIRTH. EXCLUDED FROM THE ABOVE PROVISIONS ARE:
  (I) LESSONS  AND  EXPERIMENTAL  STUDIES  INVOLVING  ANIMALS  IN  THEIR
NATURAL  ENVIRONMENT  THAT  ARE  NON-INVASIVE  AND NON-INTRUSIVE STUDIES
(I.E. OBSERVATIONAL, BEHAVIORAL) THAT DO NOT AFFECT AN  ANIMAL'S  HEALTH
OR  WELL-BEING  BY  CAUSING  STRESS, DISCOMFORT OR PAIN AND IN WHICH THE
STUDENT WILL HAVE NO PHYSICAL CONTACT WITH THE ANIMAL; OR
  (II) LESSONS AND EXPERIMENTAL STUDIES BEING CONDUCTED IN A  REGISTERED
INSTITUTION  OR  LABORATORY WHERE ANIMAL EXPERIMENTATION IS TAKING PLACE
AND IN WHICH THE STUDENT WILL HAVE NO PHYSICAL CONTACT WITH THE  ANIMAL;
AND  THE  STUDENT  WORKS  ONLY  WITH NON-LIVING MATERIAL (E.G.   TISSUE,
BLOOD) THAT HAS BEEN SUPPLIED TO THE STUDENT BY THE  SUPERVISING  SCIEN-
TIST; AND THE ANIMAL INVOLVED IS SACRIFICED FOR A PURPOSE OTHER THAN THE
RESEARCH BEING CONDUCTED BY THE STUDENT.
  ALL  OF THE ABOVEMENTIONED LESSONS, AND EXPERIMENTAL STUDIES MUST HAVE
A NON-HUMAN VERTEBRATE ANIMAL EXCEPTION FORM COMPLETED BY THE  STUDENT'S
SUPERVISING SCIENTIST WHICH ATTESTS TO COMPLIANCE WITH THIS SUBDIVISION.
SUCH  FORMS  SHALL  BE  SENT BY THE STUDENT'S SCHOOL TO THE COMMISSIONER
UPON COMMENCEMENT OF THE LESSONS OR EXPERIMENTAL STUDIES.
  6. Report. [On or before the first day of January next succeeding  the
effective  date  of  this  amended  section, the] THE commissioner shall
annually submit a report to the governor and the legislature which shall
include, but not be limited to, the  [number  of  written  program  plan
proposals  submitted  by schools and the number of such proposals subse-
quently approved by the commissioner. In those  cases  where  a  program
plan  proposal has been approved by the commissioner, such plan shall be
appended to and become a part of the commissioner's annual report]  NON-

S. 1302                             3

HUMAN  VERTEBRATE  EXCEPTION  FORMS  COMPLETED  BY STUDENTS' SUPERVISING
SCIENTIST AND SUBMITTED TO THE COMMISSIONER BY THEIR SCHOOLS.
  7.  THE  COMMISSIONER  SHALL PROMULGATE SUCH RULES AND REGULATIONS AND
DEVELOP SUCH FORMS AS ARE NECESSARY TO EFFECTUATE THE PURPOSES  OF  THIS
SECTION.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, however, that if
chapter 320 of the laws of 2010 shall not  have  taken  effect  by  such
effective  date,  then  section one of this act shall take effect on the
same date and in the same manner as chapter 320 of the laws of 2010,  as
amended, takes effect.