S1302-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 6, 2011: REFERRED TO EDUCATION

S1302-2011 Memo

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.

S1302-2011 Text

 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.

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