S T A T E O F N E W Y O R K
________________________________________________________________________
1811
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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Introduced by M. of A. NOLAN -- Multi-Sponsored by -- M. of A. MILLMAN,
PHEFFER -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to permitting parents or
guardians of twins or higher order multiples to request placement of
such children in the same classroom or separate classrooms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3210-a
to read as follows:
S 3210-A. CLASSROOM PLACEMENT OF TWINS OR HIGHER ORDER MULTIPLES. 1.
EACH SCHOOL DISTRICT SHALL DEVELOP AND PUBLISH A WRITTEN POLICY ABOUT
THE PLACEMENT OF TWINS AND HIGHER ORDER MULTIPLES IN SCHOOL CLASSES.
DEVELOPMENT OF SUCH POLICY SHALL INCLUDE NOTICE TO AND COMMENT FROM THE
SCHOOL ADMINISTRATORS, TEACHERS, PARENTS AND, BY INVITATION FROM THE
SCHOOL DISTRICT, OTHER PERSONS WHO MAY HELP THE SCHOOL DISTRICT DEVELOP
ITS POLICY ABOUT PLACEMENT OF TWINS AND HIGHER ORDER MULTIPLES. UPON
ADOPTION BY THE SCHOOL DISTRICT, IT SHALL SEND TO EACH HOUSEHOLD IN THE
DISTRICT A COPY OF THE POLICY.
2. THE SCHOOL DISTRICT POLICY ABOUT PLACEMENT OF TWINS AND HIGHER
ORDER MULTIPLES SHALL INCLUDE BUT NOT BE LIMITED TO:
A. IDENTIFICATION OF THE OFFICES IN THE SCHOOL DISTRICT AND EACH
SCHOOL WHICH SHALL OVERSEE IMPLEMENTATION OF THE POLICY;
B. THE PROCESS BY WHICH PARENTS OF TWINS OR HIGHER ORDER MULTIPLES MAY
REQUEST THESE CHILDREN BE PLACED IN THE SAME CLASSROOM OR IN SEPARATE
CLASSROOMS IF THE CHILDREN ARE IN THE SAME GRADE LEVEL AT THE SAME
SCHOOL. THE PROCESS SHALL SET OUT HOW THE PARENTS MAY REQUEST CLASSROOM
PLACEMENT OF THEIR TWINS OR HIGHER ORDER MULTIPLES INCLUDING THE INFOR-
MATION WHICH PARENTS MUST SUBMIT WITH THEIR REQUEST, DEADLINES FOR
MAKING THE REQUEST AND A DECISION ABOUT CLASSROOM PLACEMENT AND ANY
SUPPORTING DOCUMENTATION NECESSARY AS WELL AS PROCEDURES BY WHICH
PARENTS MAY APPEAL A SCHOOL DECISION ABOUT CLASSROOM PLACEMENT. A DECI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01388-01-9
A. 1811 2
SION ON APPEAL SHALL BE BINDING ON ALL PARTIES. THE POLICY SHALL IDENTI-
FY THE SCHOOL OFFICE WHICH SHALL DECIDE THE QUESTION OF CLASSROOM PLACE-
MENT. THE SCHOOL MAY RECOMMEND CLASSROOM PLACEMENT TO THE PARENTS AND
PROVIDE PROFESSIONAL EDUCATION ADVICE TO THE PARENTS TO ASSIST THEM IN
MAKING THE BEST DECISION FOR THE EDUCATION OF THEIR TWINS OR HIGHER
ORDER MULTIPLES; AND
C. CRITERIA BY WHICH THE SCHOOL SHALL MAKE DECISIONS ABOUT PLACING
TWINS OR HIGHER ORDER MULTIPLES IN CLASSROOMS. AFTER PLACEMENT OF SUCH
CHILDREN, A TEACHER MAY ASK THE SCHOOL PRINCIPAL TO REVIEW THE DECISION
ABOUT CLASSROOM PLACEMENT. IF THE SCHOOL PRINCIPAL, AFTER CONSULTATION
WITH THE TEACHER AND THE CHILDREN'S PARENTS, DETERMINES THAT THE PLACE-
MENT DISADVANTAGES THE TWINS OR HIGHER ORDER MULTIPLES OR THE OTHER
CHILDREN IN THE CLASS OR OTHERWISE INTERFERES WITH EDUCATION IN THE
CLASSROOM, THE SCHOOL PRINCIPAL MAY MAKE OTHER CLASSROOM ASSIGNMENTS.
THE SCHOOL PRINCIPAL OR THE PARENTS MAY APPEAL SUCH ASSIGNMENTS TO THE
SCHOOL DISTRICT OFFICE WHICH OVERSEES IMPLEMENTATION OF THE POLICY ABOUT
TWINS OR HIGHER ORDER MULTIPLES. A DECISION BY SUCH SCHOOL DISTRICT
OFFICE SHALL BE BINDING ON ALL PARTIES.
3. FOR THE PURPOSES OF THIS SECTION, "HIGHER ORDER MULTIPLES" MEANS
TRIPLETS, QUADRUPLETS, QUINTUPLETS OR MORE.
S 2. This act shall take effect July 1, 2009. Provided, however, that
the commissioner of education has ninety days from the date on which it
shall have become a law to add, amend and/or repeal any rules or regu-
lations necessary for the implementation of this act.