By: Eissler, et al. (Senate Sponsor - Van de Putte) H.B. No. 314
         (In the Senate - Received from the House March 29, 2007;
  April 3, 2007, read first time and referred to Committee on
  Education; April 18, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0;
  April 18, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 314 By:  Van de Putte
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the classroom placement of multiple birth siblings in
  public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 25, Education Code, is
  amended by adding Section 25.043 to read as follows:
         Sec. 25.043.  CLASSROOM PLACEMENT OF MULTIPLE BIRTH
  SIBLINGS.  (a)  In this section:
               (1)  "Multiple birth sibling" means a twin, triplet,
  quadruplet, or other sibling resulting from a multiple birth.
               (2)  "Parent" includes a person standing in parental
  relation.
         (b)  The parent of multiple birth siblings who are assigned
  to the same grade level and school may request in writing, not later
  than the 14th day after the first day of enrollment, that the school
  place the siblings in the same classroom or in separate classrooms.
         (c)  Except as provided by Subsection (d) or (g), a school
  shall provide the multiple birth siblings with the classroom
  placement requested by the parent.
         (d)  At the end of the first grading period following the
  multiple birth siblings' enrollment in the school, if the principal
  of the school, in consultation with the teacher of each classroom in
  which the multiple birth siblings are placed, determines that the
  requested classroom placement is disruptive to the school, the
  principal may determine the appropriate classroom placement for the
  siblings.
         (e)  A parent may appeal the principal's classroom placement
  of multiple birth siblings in the manner provided by school
  district policy. During an appeal, the multiple birth siblings
  shall remain in the classroom chosen by the parent.
         (f)  The school may recommend to a parent the appropriate
  classroom placement for the multiple birth siblings and may provide
  professional educational advice to assist the parent with the
  decision regarding appropriate classroom placement.
         (g)  A school district is not required to place multiple
  birth siblings in separate classrooms if the request would require
  the school district to add an additional class to the grade level of
  the multiple birth siblings.
         (h)  This section does not affect:
               (1)  a right or obligation under Subchapter A, Chapter
  29, or under the Individuals with Disabilities Education Act (20
  U.S.C. Section 1400 et seq.) regarding the individual placement
  decisions of the school district admission, review, and dismissal
  committee; or
               (2)  the right of a school district or teacher to remove
  a student from a classroom under Chapter 37.
         SECTION 2.  Section 25.043, Education Code, as added by this
  Act, applies beginning with the 2007-2008 school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
  * * * * *