Legislation related to the use of animals in Massachusetts public schools dates back to 1894, when the state legislature passed the first law in the country regulating animal experiments in elementary and secondary schools and at related exhibitions.
Current law is an outgrowth of that legislation. It is designed to prevent suffering in vertebrate animals used in the study of science at school or at school-related activities conducted at home, in a laboratory, or at a science fair. It also protects animals kept as pets in the classroom.
This law, found in Chapter 272, Section 80G of the Massachusetts General Laws, has generally been quite effective. Today, the MSPCA’s law enforcement department receives few complaints from the public about the mistreatment of animals in schools. Instead, the largest number of calls now come from students, teachers, and parents seeking advice or clarification on the provisions of the law.
The law applies to schools receiving public money and prohibits any acts that interfere with the normal health of a vertebrate animal or cause the animal pain, distress, or injury. It specifically cites experimental drugs and medications, anesthesia, and electric shock, but it also provides animals protection from such things as exposure to diseases, harmful radiation, and toxic chemicals; exercise until exhaustion; negative reinforcement techniques; deprivation of food, water, or veterinary care; major changes in lighting, temperature, diet, or housing that might cause distress; and chick embryology experiments within 72 hours of hatching. It also addresses omissions in care — such as failure to provide food, water, appropriate temperatures, and necessary veterinary care — that cause suffering or distress.
Vivisection — the act of cutting into the body of a living animal (regardless of if anesthesia is used) — is prohibited. Also, no vivisected animal may be exhibited in any publicly funded elementary or secondary school or at any activity sponsored by such a school. Dissection — the act of cutting into the body of a dead animal — is not prohibited, but the law requires that the practice be confined to the classroom. Dissected animals may not be exhibited outside the science classroom or at a science fair.
The law also requires that classroom pets be housed “in a safe and humane manner” in appropriate enclosures for their species. Safety requirements include well-constructed cages with adequate ventilation, secure coverings, and protection from extremes of heat and cold. These requirements also apply when school is not in session. See more guidelines of the care of classroom pets here.
The law does not cover invertebrate animals, though the MSPCA strongly recommends that they be provided the same humane care and protection as are given to vertebrates.
Following are some frequently asked questions about this law.
Can a student working with a mentor exhibit their work in a Massachusetts science fair if that work involves procedures prohibited under this section of Massachusetts law?
No. The law applies to the student, not to the institution — that is, elementary and secondary school students must comply with the provisions of the law, regardless of whether their research is conducted in the classroom, at home, or in an advanced research institution.
Won’t the law’s restrictions on animal use hurt a student’s acceptance chances at some of the most competitive colleges?
No. The Massachusetts law is designed to foster respect for life while encouraging sound scientific inquiry. Massachusetts State Science Fair judges place great value on those projects that show evidence of original thought and document careful use of the scientific method. Students need not use sophisticated equipment, complex terminology, or harmful substances, or interfere with the normal health and well-being of vertebrate animals to demonstrate their understanding of good science. Teachers can learn more about humane curriculums here.
How do I know if a project is going to be acceptable?
Students and teachers should work together to clarify the questions being asked and design an appropriate experiment to answer them. Animals usually don’t make the best research subjects.
What about students who are home-schooled and students in private school?
While the Massachusetts law applies only to schools that receive public money, the MSPCA urges students and teachers in privately funded schools to also comply with the law. Private school students intending to enter local, regional, or state science fair competition must comply fully with the Massachusetts law.
The MSPCA also recommends that students studying animals at home seek the advice of local animal shelter staff, a veterinarian, or a wildlife expert who is knowledgeable about the particular species being studied.
re experiments aimed at understanding an animal’s tolerance for temperature or acidity changes allowed under the Massachusetts law?
They are allowed if the range of temperature changes or acidity levels falls within the animal’s normal range on land or in the water — that is, if the animal is known to comfortably tolerate this range. Teachers and students wishing to conduct these types of studies must first learn what the parameters are for the species involved and then make every effort to ensure that the animal does not suffer in the process of exposure to extremes in that range. Learn about humane curriculum alternatives here.
Is chick hatching legal in Massachusetts?
The Massachusetts law does not prohibit chick hatching. However, because many incubators fail to provide the precise heat, humidity, and rotation needs of the developing eggs — and because it is quite difficult to find appropriate placements for the chicks after hatching — the MSPCA discourages chick hatching.
Is freezing an appropriate way to euthanize an amphibian or a reptile?
No. The American Veterinary Medical Association Panel on Euthanasia recommends against freezing because the formation of ice crystals on the skin and in tissues of an animal may cause pain or distress. Therefore, freezing is considered an illegal form of euthanasia in Massachusetts. It is always best to take the animal to a veterinarian or an animal shelter, where qualified staff members can provide the animal with a humane death.
What about flushing fish and snails down the drain at the end of the year?
Disposing of fish by flushing them down the drain causes pain and distress to a vertebrate animal, so this procedure is considered to be against the law in this state. The MSPCA recommends that the same consideration be given to snails. Better options include allowing these animals to live out their lives under your continued care or calling a veterinarian or an animal shelter for assistance with humane disposition.
Is it OK to feed small mammals or birds to captive snakes?
It is in violation of the law to subject live animals to the trauma inherent in live feeding in captive situations. Most snakes will adapt successfully to a diet of dead animals or packaged snake food if presented properly.
Is there anything else I should know?
The MSPCA encourages schools to consider creating an Animal Care and Use Committee (ACUC), ideally composed of diverse stakeholders—students, teachers, and parents. ACUCs can help to safeguard animal welfare by reviewing animal study proposes, reviewing animal programs and facilities, advising on the care and use of animals, identifying teachable moments, and responding to concerns.
What if I still have questions?
Please give us a call or email us (617-522-7400, advocacy@mspca.org) with any questions.
