Analysis of California Student's Rights Bill
In 1988, the California Legislature passed a new law, giving students the right to make a choice about whether or not to participate in dissecting animals in science classes. (The law took effect on January 1, 1989.)

This law, California Education Code Sections 32255-32255.6 (known prior to passage as Assembly Bill 2507) provides as follows:
The new law applies to all students attending public schools in California, from kindergarten through high school (under 18 year of age).

A student has the right to refuse to dissect, harm or kill animals and to do an alternative project, if the teacher believes that an adequate alternative project is possible.

At the beginning of the first semester or quarter of the regular school term, the governing board of each school district must notify the parents or guardians of its minor students of the rights or responsibilities of the parents or guardians under this new law.

Each teacher teaching a course that utilizes live or dead animals (or animal parts) must inform the students of their right to choose not to participate.

If a student has a moral objection to dissecting, harming or killing animals s/he must promptly notify the teacher. The student must supply a note from his/her parent or guardian, recognizing the student’s objection.

If the teacher believes that there is an adequate alternative project, then the teacher can work with the student to develop that project. The teacher’s decision must not be arbitrary or capricious.

The alternative project must require a comparable amount of time and effort from the student. It cannot be used to penalize the student.

A student who chooses an alternative project must pass all course examinations to receive credit. If a test requires harm to or killing of animals, the student may seek alternative tests.

A student may not be discriminated against because of his/her moral objection to dissecting, harming or killing animals in the classroom.

This law does not apply to classes and activities in "agricultural education," which provides instruction in the care, management and evaluation of domestic animals.

CALIFORNIA - Effective 1/1/89
Assembly Bill No. 2507
CHAPTER 65
An act to amend Section 48980 of, and to add Chapter 2.3 (commencing with Section 32255) to Part 19 of, the Education Code, relating to education. [Approved by Governor March 29, 1988, filed with Secretary of State March 30, 1988]

LEGISLATIVE COUNSEL'S DIGEST

AB 2507, Speier. Animals: courses of instruction involving harmful or destructive use of pupil’s right to refuse.

Existing law relates the use of animals in diagnostic procedures and medical research.

This bill would provide that a teacher may work, as specified, with a pupil who chooses to refrain from participation in a portion of the course of instruction involving the harmful or destructive use of animals, to develop and agree upon any alternative education project, as defined, as a method of obtaining the required learning, as specified.

This bill would require the governing board of each school district to notify parents or guardian regarding the right and responsibilities of the parent or guardian under this bill, and would thereby constitute a state-mandated local program.

This bill would also require each teacher teaching a course that utilizes animals or animal parts, to inform pupils enrolled in that course of these rights and would thereby constitute a state-mandated local program.

This bill would prohibit discrimination against pupils based upon their exercise of these rights.

This bill would provide that notwithstanding contrary provisions of law, if any, this bill shall apply to all levels of instruction in all public schools operating programs from kindergarten through grades 1 to 12 inclusive.

This bill would exempt from these provisions classes and activities, conducted as part of a program in agricultural education that provide instruction on the care, management, and evaluation of domestic animals.

This bill would provide for severability of invalid provisions, if any.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $500,000 statewide and other procedures for claims whose statewide costs exceed $500,000.

This bill would provide that if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $500,000, shall be made from the State Mandates Claims Fund.

The people of the State of California do enact as follows:
SECTION 1. Section 48980 of the Education Code is amended to read:
48980. (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of its minor pupils regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240, and 51550, Article 3 (commencing with Section 56030) of Chapter 1 of Part 30, and Chapter 2.3 (commencing with Section 32255)

of Part 19

(b) The notification shall also advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9.

(C) School districts which elect to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390)shall inform parents or guardians of the program as specified in Section 32390.

SEC. 2 Chapter 2.3 (commencing with Section 32255) is added to Part 19 of the Education Code, to read:

CHAPTER 2.3 PUPILS' RIGHTS TO REFRAIN FROM THE HARMFUL OR DESTRUCTIVE USE OF ANIMALS

32255. As use in this chapter:

(a)"Animal" means any living organism of the kingdom animalia, beings which typically differ from plants in capacity for spontaneous movement and rapid motor response to stimulation, by a usually greater mobility with some degree of voluntary locomotor ability, by greater irritability commonly mediated through a more or less centralized nervous system, beings which are characterized by a requirement for complex organic nutrients including proteins or their constituents which are usually digested in an internal cavity before assimilation into the body proper, which are distinguished from typical plants by lack of chlorophyll, by an inability to perform photosynthesis, by cells that lack cellulose walls, and by the frequent presence of discrete complex sense organs.

(b)"Alternative education project" includes, but is not limited to, the use of video tapes, models, films, books, and computers, which would provide an alternate avenue for obtaining the knowledge, information, or experience required by the course of study in question. "Alternative education project" also includes "alternative test."

(c)"Pupil" means a person under 18 years of age who is matriculated in a course of instruction in an educational institution within the scope of Section 32255.5. For the purpose of asserting the pupil’s rights and receiving any notice or response pursuant to this chapter, "pupil" also includes the parents of the matriculated minor.

32255.1. (a) Except as otherwise provided in Section 32255.6, any pupil with a moral objection to dissecting or otherwise harming or destroying animals, or any parts thereof, shall notify his or her teacher regarding this objection, upon notification by the school of his or her rights pursuant to Section 32255.4.

(b) If the pupil chooses to refrain from participation in an education project involving the harmful or destructive use of animals, and if the teacher believes that an adequate alternative education project is possible, then the teacher may work with the pupil to develop and agree upon an alternate education project for the purpose of providing the pupil an alternate avenue for obtaining the knowledge, information, or experience required by the course of study in question.

(c) The alternative education project shall require a comparable time and effort investment by the pupil. It shall not, as a means of penalizing the pupil be more arduous than the original education project.

(d) The pupil shall not be discriminated against based upon his or her decision to exercise his or her rights pursuant to this chapter.

(e) Pupils choosing an alternative educational project shall pass all examinations of the respective course of study in order to receive credit for that course of study. However, if tests require the harmful or destructive use of animals, a pupil may, similarly, seek alternative tests pursuant to this chapter.

(f) A pupil’s objection to participating in an educational project pursuant to this section shall be substantiated by a note from his or her parent or guardian.

32255.3. (a) A teacher’s decision in determining if a pupil may pursue an alternative educational project or be excused from the project shall not be arbitrary or capricious

(b) Nothing in this chapter shall prevent any pupil from pursuing the grievance procedures in existing law.?

32255.4. Each teacher teaching a course that utilizes live or dead animals or animal parts shall also inform the pupils of their rights pursuant to this chapter.

32255.5. Notwithstanding any provision of law to the contrary, this chapter applies to all levels of instruction in all public schools operating programs from kindergarten through grades 1 to 12, inclusive.

32255.6. Classes and activities, conducted as part of a program in agricultural education that provide instruction on the care, management, and evaluation of domestic animals are exempt from the provisions of this chapter.

SEC. 3. If any provision of this act or the application thereof to any person or set of circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SEC. 4. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide coat of the claim for reimbursement does not exceed five hundred thousand dollars ($500,000), reimbursement shall be made from the State Mandates Claims Fund.