S T A T E   O F   N E W   Y O R K
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                                  1811

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

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.