State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-17 > 809

§ 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.    * NB Effective until July 1, 2011    * 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.    * NB Effective July 1, 2011    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 whetheror 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.

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-17 > 809

§ 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.    * NB Effective until July 1, 2011    * 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.    * NB Effective July 1, 2011    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 whetheror 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-1 > Article-17 > 809

§ 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.    * NB Effective until July 1, 2011    * 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.    * NB Effective July 1, 2011    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 whetheror 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.