Humane Education Laws in the United
States
California 51540 Sec 233-233.5
Illinois (105 ILCS 5/27-13.1-14-15-18)
Maine Chapter 111-20 1221.
Massachusetts Chapter 272 Sec 80G
New
Jersey Title 18A 18A:35-4.1 4.3
New
York S 809 S 810
Oregon 336.067
Washington RCW 28A.230.020
Wisconsin Chapter 14.16
Florida
233.09
Louisiana 17:266
North
Dakota 15-38-11.
Pennsylvania 15-1514
South
Dakota Repealed
Alabama
Repealed
Michigan Repealed
New
Hampshire
See
Note regarding Tennessee and Wyoming
CALIFORNIA CODES
EDUCATION CODE
SECTION 51540
51540. In the public
elementary and high schools or in public
elementary and high school
school-sponsored activities and
classes held elsewhere than
on school premises, live vertebrate
animals shall not, as part
of a scientific experiment or any
purpose whatever:
(a) Be
experimentally medicated or drugged in a manner to
cause painful reactions or
induce painful or lethal
pathological conditions.
(b) Be injured
through any other treatments, including, but
not limited to,
anesthetization or electric shock.
Live animals on the
premises of a public elementary or high
school shall be housed and
cared for in a humane and safe
manner.
The provisions of this
section are not intended to prohibit or
constrain vocational
instruction in the normal practices of
animal husbandry.
CALIFORNIA CODES
EDUCATION CODE
SECTION 233-233.5
233. (a) At the
request of the Superintendent of Public
Instruction, the State
Board of Education shall do all of the
following as long as the
board's actions do not result in a state
mandate or an increase in
costs to a state or local
program:
(1) Adopt
policies directed toward creating a school
environment in kindergarten
and grades 1 to 12, inclusive, that
is free from discriminatory
attitudes and practices and acts of
hate violence.
(2) Revise, as
needed, and in accordance with the State
Board of Education's
adopted Schedule for Curriculum
Framework Development and
Adoption of Instructional
Materials developed
pursuant to Section 60200, the state
curriculum frameworks and
guidelines and the moral
and civic education
curricula to include human relations
education, with the aim of
fostering an appreciation of people of
different ethnicities.
(3) Establish
guidelines for use in teacher and
administrator in-service
training programs to promote an
appreciation of diversity
and to discourage the development of
discriminatory attitudes
and practices that prevent pupils from
achieving their full
potential.
(4) Establish
guidelines for use in teacher and
administrator in-service
training programs designed to enable
teachers and administrators
to prevent and respond to acts of
hate violence occurring on
their school campuses.
(5) Establish
guidelines designed to raise the awareness and
sensitivity of teachers,
administrators, and school employees to
potentially prejudicial and
discriminatory behavior and to
encourage the participation
of these groups in these
programs.
(6) Develop
guidelines relating to the development of
nondiscriminatory
instructional and counseling methods.
(7) Revise any
appropriate guidelines previously adopted by
the board to include
procedures for preventing and
responding to acts of hate
violence.
(b) The State
Department of Education, in accordance with policies
established by the State
Board of Education for purposes of this
subdivision, shall do all
of the following:
(1) Prepare
guidelines for the design and implementation of
local programs and
instructional curricula that promote
understanding, awareness,
and appreciation of the
contributions of people
with diverse backgrounds and of
harmonious relations in a
diverse society.
The guidelines shall
include methods of evaluating the
programs and curricula and
suggested procedures to ensure
coordination of the
programs and curricula with appropriate local
public and private
agencies.
(2) Provide
grants, from funds appropriated for that purpose, to
school districts and county
offices of education to develop
programs and curricula
consistent with the guidelines developed in
paragraph (1).
(3) To the
extent possible, provide advice and direct services,
consistent with the
guidelines developed in paragraph (1), to school
districts and county
offices of education that implement the programs
and curricula developed in
paragraph (2).
(c) The State
Board of Education shall carry out this section only if
private funds, in an amount
sufficient to pay for related State
Department of Education
staff activities on behalf of the board, are
made available.
(d) Nothing in
this section shall be construed to require the
governing board of a school
district to offer any ethnic studies or
human relations courses in
the district.
(e) As used in
this section, "hate violence" means any act
punishable under Section
422.6, 422.7, or 422.75 of the Penal Code.
233.5. (a) Each
teacher shall endeavor to impress upon the minds of
the pupils the principles
of morality, truth, justice,
patriotism, and a true
comprehension of the rights, duties, and dignity
of American citizenship,
and the meaning of equality and human
dignity, including the
promotion of harmonious relations,
kindness toward domestic
pets and the humane treatment of
living creatures, to teach
them to avoid idleness, profanity, and
falsehood, and to instruct
them in manners and morals and the
principles of a free
government.
(b) Each
teacher is also encouraged to create and foster an
environment that encourages
pupils to realize their full potential
and that is free from
discriminatory attitudes, practices, events, or
activities, in order to
prevent acts of hate violence, as defined in
subdivision (e) of Section
233.
ILLINOIS
(105 ILCS 5/27-13.1)
Sec. 27-13.1.
In every public school there shall be
instruction,
study and
discussion of current problems and needs in the
conservation
of natural resources,
including but not limited to air pollution,
water
pollution,
waste reduction and recycling, the effects of
excessive use
of pesticides,
preservation of wilderness areas, forest
management,
protection of wildlife and
humane care of domestic animals.
(Source: P.A. 86-229.)
(105 ILCS 5/27-14)
Sec. 27-14.
Experiments upon animals.
No
experiment upon any living animal for
the
purpose of
demonstration in any study shall be made in any
public school. No animal
provided by, or killed in the presence
of any pupil of a public
school shall be used for
dissection in such school,
and in no case shall dogs or cats
be killed
for such purposes. Dissection of dead animals, or
parts thereof, shall be
confined to the classroom and shall
not be
practiced in the presence of any pupil not engaged in
the study to be illustrated
thereby.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/27-15)
Sec. 27-15.
Moral and humane education - In institute
programs. The
superintendent of each region and city shall
include once each year
moral and humane education in the
program of
the teachers' institute which is held under his
supervision.
(Source: P.A. 79-597.)
(105 ILCS 5/27-18)
Sec. 27-18.
Arbor and bird day.
The Governor
shall annually designate by official
proclamation a day in the
spring to be known as "Arbor and Bird
Day," to
be observed throughout the State as a day for
planting trees, shrubs and
vines about public grounds, and as
a day on which to hold
appropriate exercises in
the public schools and
elsewhere tending to show the value of
trees and birds and
the necessity for their protection.
(Source: Laws 1961, p. 31.)
MAINE
CHAPTER 111
RELIGION AND MORALS
20 § 1221. Teaching of
virture and morality
Instructors of youth in
public or private institutions shall use their best
endeavors to impress on the
minds of the children and youth
committed to their care and
instruction the principles of morality and
justice and a sacred regard
for truth; love of country, humanity and
a universal benevolence;
the great principles of humanity as
illustrated by kindness to
birds and animals and regard for all
factors which contribute to
the well-being of man; industry and
frugality; chastity,
moderation and temperance; and all other virtues
which ornament human
society; and to lead those under their care, as
their ages and capacities
admit, into a particular understanding of the
tendency of such virtues to
preserve and perfect a republican
constitution, secure the
blessings of liberty and to promote their future
happiness. 1983, c. 767,
§1 (amd).]
7 State House
StationAugusta, ME 04333-0007
Phone: (207)
287-1650revisor.office@state.me.us
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MASSACHUSETTS
GENERAL LAWS OF
Chapter 272: Section 80G.
Experiments on vertebrates;
vivisection, dissection of
animals; care.
Section 80G. No school
principal, administrator or teacher shall
allow any live vertebrate
to be used in any elementary or high
school under state control
or supported wholly or partly by
public money of the state
as part of a scientific
experiment or for any other
purpose in which said
vertebrates are
experimentally medicated or drugged in a
manner to cause painful
reactions or to induce painful or
lethal pathological
conditions, or in which said vertebrates are
injured through any other
type of treatment, experiment or
procedure including but not
limited to anesthetization or
electric shock, or where
the normal health of said animal is
interfered with or where
pain or distress is caused.
No person shall, in the
presence of a pupil in any elementary or
high school under state
control or supported wholly or partly by
public money of the state,
practice vivisection, or exhibit a
vivisected animal.
Dissection of dead animals or any portions
thereof in such schools
shall be confined to the class room and
to the presence of pupils
engaged in the study to be promoted
thereby, and shall in no
case be for the purpose of exhibition.
Live animals used as class
pets or for purposes not prohibited
in paragraphs one and two
hereof in such schools shall be
housed or cared for in a
safe and humane manner. Said
animals shall not remain in
school over periods when such
schools are not in session,
unless adequate care is
provided at all times.
The provisions of the
preceding three paragraphs shall also apply to
any activity associated
with or sponsored by the school.
Whoever violates the
provisions of this section shall be punished by a
fine of not more than one
hundred dollars.
NEW JERSEY
Permanent Statutes
TITLE 18A
EDUCATION
18A:35-4.1. Course of
study in principles of humanity
18A:35-4.1. Course of
study in principles of humanity
Each board of
education may teach, by special courses or by
emphasis in appropriate
places of the curriculum, in a manner adapted
to the ages and
capabilities of the pupils in the several grades and
departments, the principles
of humanity as the same apply to
kindness and avoidance of
cruelty to animals and birds, both
wild and domesticated.
18A:35-4.3. Sexual
assault prevention education program
The
Department of Education in consultation with the advisory
committee provided for in
section 2 of this act, shall develop and
establish guidelines for
the teaching of sexual assault prevention
techniques for utilization
by local school districts in the
establishment of a sexual
assault prevention education program. Such
program shall be adapted to
the age and understanding of the pupils
and shall be emphasized in
appropriate places of the curriculum
sufficiently for a full and
adequate treatment of the subject.
L.1979,
c. 42, s. 1, eff. July 1, 1979.
NEW YORK
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 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.
Sec.
810. Conservation day. 1. The last Friday in April
each year is hereby made
and declared to be known as
Conservation day,
and observed in accordance with the
provisions of this chapter,
except that for the year nineteen hundred
seventy-eight, Conservation
day shall be May third.
2.
It shall be the duty of the authorities of every public
school in this state to
assemble the pupils in their charge on
that day in the
school building, or elsewhere, as they may
deem proper, and to provide
for and conduct (1) such
exercises as shall
tend to encourage the planting, protection
and preservation of trees
and shrubs, and an acquaintance with
the best methods to
be adopted to accomplish such
results, and (2) such
lectures, pictures or tours, as shall tend to
increase the
interest and knowledge of such pupils in the
fish and wild life, soil
and water of the state.
3.
The commissioner of education may prescribe from time to
time a course
of exercises and instruction in the subjects
hereinbefore
mentioned, which shall be adopted and observed by
the public school
authorities on Conservation day. Upon
receipt of
copies of such course sufficient in number to supply all the
schools under their
supervision, the school authorities
OREGON
336.067 Instruction in
ethics and morality. (1) In public schools
special emphasis shall be
given to instruction in:
(a) Honesty, morality,
courtesy, obedience to law, respect for the
national flag, the
Constitution of the United States and the
Constitution of the State
of Oregon, respect for parents and the
home, the dignity and
necessity of honest labor and other lessons
which tend to promote and
develop an upright and desirable citizenry.
(b) Respect for all humans,
regardless of race, color, creed,
national origin, religion,
age, sex or disability.
Acknowledgment of the
dignity and worth of individuals and
groups and their
participative roles in society.
(c) Humane treatment of
animals.
(d) The effects of tobacco,
alcohol, drugs and controlled
substances upon the human
system.
The Superintendent of
Public Instruction shall prepare an
outline with suggestions
which will best accomplish the purpose of
this section, and shall
incorporate the outline in the courses of study
for all public schools.
[Formerly 336.240; 1975 c.531 s.1; 1979 c.744
s.13; 1993 c.45 s.75]
WASHINGTON
RCW 28A.230.020
Common school curriculum --
Fundamentals in conduct.
All common schools shall
give instruction in reading,
penmanship, orthography,
written and mental arithmetic,
geography, the history of
the United States, English
grammar, physiology and
hygiene with special reference to
the effects of alcohol and
drug abuse on the human system,
science with special
reference to the environment, and
such other studies as may
be prescribed by rule or
regulation of the state
board of education. All
teachers shall stress the
importance of the cultivation of
manners, the fundamental
principles of honesty, honor,
industry and economy, the
minimum requisites for good
health including the
beneficial effect of physical
exercise and methods to
prevent exposure to and
transmission of sexually
transmitted diseases, and the
worth of kindness to all
living creatures and the land.
The prevention of child
abuse may be offered as part
of the curriculum in the
common schools.
[1991 c 116 § 6; 1988 c
206 § 403; 1987 c 232 § 1; 1986 c 149 §
4; 1969 c 71 § 3; 1969
ex.s. c 223 § 28A.05.010. Prior: 1909 p
262 § 2; RRS § 4681;
prior: 1897 c 118 § 65; 1895 c 5 § 1; 1890 p
372 § 45; 1886 p 19 §
52. Formerly RCW 28A.05.010,
28.05.010, and 28.05.020.]
NOTES:
Effective date -- 1988 c 206 §§ 402, 403: See note
following RCW 28A.230.070.
Severability -- 1988 c 206: See RCW 70.24.900.
Child abuse and neglect --
Development of primary
prevention program: RCW
28A.300.160.Districts to develop
programs and establish
programs regarding child abuse and
neglect prevention: RCW
28A.230.080.
WISCONSIN
UNOFFICIAL TEXT
Chapter 14
14.16
14.16
14.16 Holiday
proclamations.
14.16(1)
(1) Arbor and Bird
Day. The governor, by proclamation, may set
apart one day each year to
be designated as Arbor and Bird Day,
and may request its
observance by all schools, colleges and other
institutions by the
planting of trees, the adornment of school and
public grounds and by
suitable exercises having for their object the
advancement of the study of
arboriculture, the promotion of a spirit
of protection to birds and
trees and the cultivation of an
appreciative sentiment
concerning
them.
14.16(2)
(2) Citizenship Day.
The governor may also set aside, by
proclamation, the 3rd
Sunday in May in each year to be
designated as Citizenship
Day, and shall request its observance by all
circuit court judges,
county boards, municipalities,
colleges and other
institutions, by suitable exercises for all those
persons who have recently
become enfranchised either by
naturalization or by
reaching their majority on the necessity of
exercising responsible,
vigilant and intelligent citizenship to
safeguard and maintain our
inalienable American liberties,
freedom of person,
stability, strength, endurance of our
democratic institutions,
ideals and leadership.
FLORIDA
233.09
(a) When recommending
instructional materials for use in the
schools, each
committee shall include only instructional materials that
accurately portray
the ethnic, socioeconomic, cultural, and racial
diversity of our society,
including men and women in professional,
vocational, and executive
roles, and the role and contributions of the
entrepreneur and labor in
the total
development of this state
and the United States.
(b) When
recommending instructional materials for use in the
schools, each committee shall include only materials which accu
rately portray,
whenever appropriate, humankind's place
in ecological systems,
including the necessity for the protection
of our environment and
conservation of our
natural resources and the
effects on the human system of the use of
tobacco, alcohol,
controlled substances, and other
dangerous substances.
(c) When recommending
instructional materials for use in the
schools, each
committee shall require such materials as it deems ne
cessary and proper to
encourage thrift, fire prevention, and humane
treatment of people and
animals.
(d) When recommending
instructional materials for use in the
schools, each committee
shall require, when appropriate to the com
prehension of pupils,
that materials for social science,
history, or civics classes
contain the Declaration of
Independence and the
Constitution of the United States. No
instructional materials
shall be recommended by any committee for
use in the schools which
contain any matter reflecting
unfairly upon persons
because of their race, color, creed, national
origin, ancestry, gender,
or occupation.
History.--s. 709, ch.
19355, 1939; CGL 1940 Supp. 892(221); s. 9,
ch. 59-282;
s. 2, ch. 61-322; s. 6, ch.
67-181; ss. 15, 35, ch. 69-106; s. 1, ch.
69-300;
s. 6, ch. 69-402; s. 1, ch.
72-51; s. 3, ch. 74-337; s. 4, ch. 78-323;
ss. 3,
4, 5, ch. 81-56; ss. 1, 4,
ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94;
s.
67, ch. 84-336; s. 8, ch.
85-109; s. 1, ch. 89-189; s. 11, ch.
89-298; ss. 5,
15, 16, ch. 91-182; s. 5,
ch. 91-429; s. 5, ch. 92-100; s. 1289, ch.
95-147;
s. 3, ch. 97-285; s. 38,
ch. 99-398.
LOUISIANA
266. Kindness to dumb
animals
The state board of
education may take such steps as it may
think necessary and wise to
provide for the teaching of
kindness to dumb animals in
the public schools, it being
understood that the state
superintendent of education, by the
direction of the board,
will issue such suggestions and furnish
such information to the
superintendents and teachers as the
board may deem appropriate
and necessary.
NORTH DAKOTA
15-38-11.
Teaching humane treatment
of animals. Oral instruction in the
humane treatment of animals
must be given in each
public school.
PENNSYLVANIA
[P.S.] § 15-1514.
Humane education
Instruction in humane
education shall be given to all pupils up
to and including the fourth
grade, and need not exceed half an
hour each week during the
whole school term. No cruel
experiment on any living
creature shall be permitted in any
public school of this
Commonwealth.
ALABAMA
Repealed
MICHIGAN
Repealed
SOUTH DAKOTA
13-33-8. Arbor
Day -- Instruction on tree and shrub planting.
Repealed by
SL 1995, ch 87, §
47.
NEW HAMPSHIRE
TITLE 62
Criminal Code
CHAPTER 644
Breaches of the Peace and
Related Offenses
SECTION 644:8-c
§ 644:8-c Animal Use
in Science Classes and Science Fairs.
(a)
"Animal" means any member of the kingdom of Animalia.
(b)
"Vertebrate animal" means any animal belonging to the
subphylum Vertebrata of the
phylum Chordata, and specifically
includes all mammals,
fishes, birds, reptiles and amphibians.
II. Live
vertebrate animals shall not be used in experiments
or observational studies,
with the following exceptions:
(a)
Observational studies may be made of the normal living patterns
of wild animals, in the
free living state or in zoological parks, gar
dens, or aquaria.
(b)
Observational studies may be made of the living patterns of
vertebrate animals in the
classroom.
(c)
Observational studies on bird egg embryos are permitted.
However, if normal bird
embryos are to be allowed to hatch,
satisfactory humane
consideration shall be made for disposal of the
baby birds.
(d) Vertebrate
animal cells such as red blood cells or other
tissue cells, plasma or
serum, or anatomical specimens, such as
organs, tissues, or
skeletons, may be used in experiments or
observational studies.
III. No school
principal, administrator or teacher shall
allow any live vertebrate
animal to be used in any elementary
or secondary school, or in
any activity associated with such
school, such as science
fairs, as part of a scientific experiment
or procedure in which the
health of the animal is interfered
with, or in which pain,
suffering, or distress is caused. Such
experiments and procedures
include, but are not limited to,
surgery, anesthetization,
and the inducement by any means of
painful, lethal, or
pathological conditions through techniques
that include, but are not
limited to:
(a)
Administration of drugs;
(b) Exposure
to pathogens, ionizing radiation, carcinogens, or to
toxic or hazardous
substances;
(c)
Deprivation; or
(d) Electric
shock or other distressing stimuli.
IV. All
experiments on live vertebrate animals which are not
prohibited by this section
shall be carried out under the
supervision of a competent
science teacher who shall be
responsible for ensuring
that the student has the necessary
comprehension for the study
to be undertaken.
V. No person
shall, in the presence of a pupil in any elementary or
secondary school, perform
any of the procedures or
experiments described in
paragraph III or exhibit any vertebrate
animal that has been used
in such manner. Dissection of any dead
animal, or portions
thereof, shall be confined to the presence of
students engaged in the
study to be promoted by the dissections.
VI. Science
fair projects originating in other states that do not
conform with the provisions
of this section shall not be
exhibited within the state.
VII. Any live
animal kept in any elementary or secondary
school shall be housed and
cared for in a humane and safe
manner and shall be the
personal responsibility of the teacher
or other adult supervisor
of the project or study.
VIII. Ordinary
agricultural procedures taught in animal husbandry
courses shall not be
prohibited by this section.
IX. Any person
who violates this section is guilty of a misdemeanor.
Source. 1985, 54:1,
eff. June 22, 1985.
Tennessee and Wyoming may
also have humane education laws,
but we have been unable to
locate the laws at this point. If you
have further information on
these possible laws please contact us |
