Relates to the humane treatment of animals by students in schools, in connection with school sponsored events or activities and experimental studies in laboratories.
Sponsor: DUANE / Committee: EDUCATION
Law Section: Education Law / Law: Amd S809, Ed L
Sponsor: DUANE / Committee: EDUCATION
Law Section: Education Law / Law: Amd S809, Ed L
- Jan 4, 2012: REFERRED TO EDUCATION
- Jan 6, 2011: REFERRED TO EDUCATION
BILL NUMBER:S1302 TITLE OF BILL: An act to amend the education law, in relation to the humane treatment of animals PURPOSE OR GENERAL IDEA OF BILL: To incorporate the 40 year old roles of the Intel Science Talent Search (formerly the Westinghouse Science Talent Search) regarding the humane treatment of vertebrate animals used in lessons or experimental studies by students, to eliminate the current waiver system, and to require teachers to inform students of their rights under the law. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivisions 4, 5, and 6 of section 809 of the education law and adds a new subdivision 7. Subdivision 4 provides that teachers must notify students of their rights prior to any work with any animal for dissection. subdivision 5 is reworded to include a definition for "live vertebrates" and two exclusions from the ban on live animal experimentation. subdivision 6 contains language pertaining to the filing of the "non-human vertebrate exception form" in cases where animal experimentation is done pursuant to the provisions of this bill for reporting and information reasons. Subdivision 7 states that the commissioner shall promulgate rules and develop such forms as necessary to effectuate the purposes of this section. Section 2 contains the effective date. JUSTIFICATION: The 1994 amendments to section 809 of the Education Law were intended to restrict live vertebrate animal experimentation by high school, students by banning experimentation in all but a few exceptions. According to the provisions of this law, waivers were necessary in order for students to be involved in experiments on vertebrate animals if those experiments included intrusive or harmful methods. Since 1994 however, only three waivers have been applied for, and countless numbers of students who seemingly should have applied for waivers submitted projects to various science fairs without them. In response to the inadequacy of the waiver system, new standards, such as, those of the Intel Science Talent Search (formerly known as the Westinghouse Science Talent Search) should be included. These standards prohibit live animal experimentation with the exception of non invasive studies and those studies in which the student is provided with such components as tissue or blood from an animal which is currently under experimentation by researchers These new provisions provide a standardized procedure for the use of animals in experiments. In cases where experiments with animals pursuant to the restrictions in the amended law take place, a "non-human vertebrate exception form" must be filed With the commissioner of education. This form is not submitted for permission or for a waiver, instead, these forms provide a basis of knowledge for the Commissioner and legislature in regard to the treatment of vertebrate animals in experiments by students in any school or during any activity conducted under the auspices of such school, such as science fair projects. In addition, these changes will help insure more humane care of animals. PRIOR LEGISLATIVE HISTORY: 2007: S.5408 (Padavan), Died in Education; A.585 (Rosenthal), Died in Education 2008: S.5408 (Padavan), Died in Education; A.585 (Rosenthal), Died in Education 2009: S.3751 (Duane), Died in Education 2010: S.3751 (Duane), Died in Education FISCAL IMPLICATIONS: None. EFFECTIVE DATE: The following July after which the bill has been passed into law, with provisions.
S T A T E O F N E W Y O R K
1302 2011-2012 Regular Sessions I N SENATE 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.