NY Educ L § 809 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 17 - Instruction in Certain Subjects 809 - Instruction in the Humane Treatment of Animals.

§ 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   subsequently  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, reading, language, nature study or  ethnology.  Such  weekly   instruction  may  be divided into two or more periods. A school district   shall not be entitled 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   ventilation,  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   environmental education activities as established by the  department  of   environmental 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. The board of education   or trustees of  a  school  district  shall  develop  a  policy  to  give   reasonable 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.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   experimental  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   supervision 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.6. Report. On or before the first day of January next  succeeding  the   effective  date of this amended section, 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 subsequently   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.