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AN ACT
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relating to the classroom placement of multiple birth siblings in |
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public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 25, Education Code, is |
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amended by adding Section 25.043 to read as follows: |
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Sec. 25.043. CLASSROOM PLACEMENT OF MULTIPLE BIRTH |
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SIBLINGS. (a) In this section: |
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(1) "Multiple birth sibling" means a twin, triplet, |
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quadruplet, or other sibling resulting from a multiple birth. |
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(2) "Parent" includes a person standing in parental |
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relation. |
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(b) The parent of multiple birth siblings who are assigned |
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to the same grade level and school may request in writing, not later |
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than the 14th day after the first day of enrollment, that the school |
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place the siblings in the same classroom or in separate classrooms. |
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(c) Except as provided by Subsection (d) or (g), a school |
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shall provide the multiple birth siblings with the classroom |
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placement requested by the parent. |
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(d) At the end of the first grading period following the |
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multiple birth siblings' enrollment in the school, if the principal |
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of the school, in consultation with the teacher of each classroom in |
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which the multiple birth siblings are placed, determines that the |
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requested classroom placement is disruptive to the school, the |
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principal may determine the appropriate classroom placement for the |
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siblings. |
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(e) A parent may appeal the principal's classroom placement |
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of multiple birth siblings in the manner provided by school |
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district policy. During an appeal, the multiple birth siblings |
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shall remain in the classroom chosen by the parent. |
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(f) The school may recommend to a parent the appropriate |
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classroom placement for the multiple birth siblings and may provide |
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professional educational advice to assist the parent with the |
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decision regarding appropriate classroom placement. |
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(g) A school district is not required to place multiple |
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birth siblings in separate classrooms if the request would require |
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the school district to add an additional class to the grade level of |
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the multiple birth siblings. |
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(h) This section does not affect: |
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(1) a right or obligation under Subchapter A, Chapter |
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29, or under the Individuals with Disabilities Education Act (20 |
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U.S.C. Section 1400 et seq.) regarding the individual placement |
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decisions of the school district admission, review, and dismissal |
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committee; or |
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(2) the right of a school district or teacher to remove |
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a student from a classroom under Chapter 37. |
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SECTION 2. Section 25.043, Education Code, as added by this |
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Act, applies beginning with the 2007-2008 school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 314 was passed by the House on March |
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28, 2007, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 314 on May 3, 2007, by the following vote: Yeas 141, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 314 was passed by the Senate, with |
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I certify that H.B. No. 314 was passed by the Senate, with |
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amendments, on April 26, 2007, by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |