Section 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.
    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.