http://assembly.state.ny.us/cgi-bin/claws?law=30&art=41
S 809. Instruction
in the humane treatment of animals. 1. The officer,
board or commission
authorized or required
to prescribe courses of
instruction shall cause instruction to be
given in every
elementary
school under state control or supported wholly or partly by
public money
of the state, in the
humane treatment and protection of animals and the
importance of the part they play in the economy of nature as
well as the
necessity of controlling the proliferation of animals
which are subse-
quently abandoned and caused to suffer extreme cruelty. Such
instruction
shall be for such period of time during each school year as
the board of
regents may prescribe and may be joined with work in
literature, read-
ing, language, nature study or ethnology. Such weekly
instruction may be
divided into two or more periods. A school district shall
not be
enti-
tled to participate
in the public school money on account of any school
or the attendance at any
school subject to
the provisions of
this
section, if the instruction required hereby is not given
therein.
2. Study and care of live animals. Any school
which cares for or uses
animals for study shall ensure that each animal
in such school
be
afforded the following: appropriate quarters; sufficient
space for the
normal behavior and postural requirements of the species;
proper venti-
lation,
lighting, and temperature
control; adequate food and clean
drinking water; and quarters which shall be cleaned on
a regular basis
and located in an area where undue stress and disturbance
are minimized.
3. Application. The provisions of this section
shall not be construed
to prohibit or constrain vocational instruction in the normal
practice
of animal husbandry,
or prohibit or constrain instruction in environ-
mental education activities as established by the department
of environ-
mental conservation.
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.
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-
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.