August 5, 2008
Ms. Jean Stevens
Associate Commissioner
Office of Instructional Support and Development
New York State Education Department
Albany, New York 12234
Dear Ms. Stevens:
I am in receipt of the commissioner’s annual report on the treatment of live vertebrate animals issued pursuant to section 809 of the Education Law. According to the most recent report, there were no applications for waivers during 2007.
The enclosed articles discuss a chicken slaughter classroom activity conducted at Canandaigua Academy. Section 809 of the Education Law provides that 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 school or during any activity conducted under the auspices of a school where such lesson or experimental study employs termination of life. The law further provides that the commissioner may upon the submission of a written program plan issue a written waiver to such school for students in grades 10, 11, or 12 who are pursuing an accelerated course of study in the sciences in preparation for taking a state or national advanced placement examination and who are working under the supervision of certified science teachers. The other exceptions in the law are for vocational instruction in the normal practice of animal husbandry or environmental education activities as established by the Department of Environmental Conservation.
The chicken slaughter activity did not fall into any of the exceptions for the waiver.
We urge you to review the chicken slaughter situation and to make it clear to schools that this is not permissible except as provided for in the law. We would also appreciate the opportunity to meet with a representative from the Education Department to discuss legislation to change the waiver requirement and replace it with language similar to that contained in the Intel Science Talent Search rules. Legislation to accomplish this was introduced this year in the NYS Legislature (A.585/S.5408).
We look forward to hearing from you soon regarding both matters discussed above. Thank you very much.
Sincerely,
Elinor Molbegott
Legal Counsel
Direct #: 516-746-6505
Elinorm328@aol.com
cc: Richard P. Mills
James Kadamus
Ann Crotty
United Poultry Concerns, Inc.