Florida Senate - 2008 SB 642

By Senator Siplin

19-00360A-08 2008642__

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A bill to be entitled

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An act relating to public K-12 education; creating s.

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1003.06, F.S.; authorizing the parent of multiple birth

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siblings to request certain classroom placement; providing

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a definition; providing exceptions to implementation of

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the requested placement; authorizing appeal of placement;

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specifying conditions under which provisions do not apply;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 1003.06, Florida Statutes, is created to

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read:

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     1003.06 Classroom placement of multiple birth siblings.--

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     (1) As used in this section, the term "multiple birth

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siblings" means twins, triplets, quadruplets, or other siblings

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resulting from a multiple birth.

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     (2)(a) The parent of multiple birth siblings who are

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assigned to the same grade level and school may request in

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writing that the school place the siblings in the same classroom

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or in separate classrooms. The request must be made no later than

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5 days before the first day of each school year or 5 days after

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the first day of attendance of students during the school year if

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the students are enrolled in the school after the school year

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commences.

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     (b) The school may recommend to the parent the appropriate

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classroom placement for 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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     (3) Except as provided in subsection (4) or subsection (5),

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a school shall provide the multiple birth siblings with the

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classroom placement requested by the parent.

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     (4)(a) A school is not required to place multiple birth

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siblings in the same classroom if factual evidence of performance

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shows proof that the multiple birth siblings should be separated.

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     (b) A school is not required to place multiple birth

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siblings in separate classrooms if the request would require the

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school district to add an additional class to the grade level of

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the multiple birth siblings.

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     (5)(a) At the end of the first grading period following the

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multiple birth siblings' enrollment in the school, if the

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principal of the school, in consultation with the teacher of each

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classroom in which the multiple birth siblings are placed,

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determines that the requested classroom placement is disruptive

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to the school, the principal may determine the appropriate

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classroom placement for the siblings.

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     (b) 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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     (6) This section does not affect:

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     (a) A right or obligation under s. 1003.57 or under the

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Individuals with Disabilities Education Act, 20 U.S.C. ss. 1400

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et seq., regarding the individual placement decisions of the

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school district; or

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     (b) The right of a school district, principal, or teacher

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to remove a student from a classroom pursuant to school district

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student discipline policies.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.