Miller Bowles Law Attorneys Explain New North Carolina Law That Empowers Parents of Twins and Triplets to Select Teachers

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Beginning in August with School Year 2012-2013, parents of twins, triplets, or other "multiples" will have final decision-making authority as to whether the children are placed in the same or different classrooms in North Carolina public schools.

It is not clear if the Courts will decide that educational legal custody also extends to the determination of whether twins or "multiples" should be placed in the same classroom

In June of 2011, the North Carolina General Assembly passed a law which empowers parents of twins, triplets, or other "multiples" to determine whether their children should be placed in the same or different classrooms. This law goes into effect this August, just in time for the start of the North Carolina 2012-2013 traditional-schedule calendar year.

Prior to the enactment of the new law, each individual North Carolina school district could determine their own policy on the separation of twins or other multiples. Charlotte-Mecklenburg County Schools did not have any specific policy on separation or keeping "multiples" together, but instead, allowed each Principal or school administrator the ability to set policy. According to research performed by the Charlotte Observer newspaper, 9 administrators contacted all preferred separating twins or "multiples" from one another.

This new law may alter the landscape for North Carolina law regarding divorced or separated parents of twins or "multiples." Typically, legal custody with respect to education of the minor children relates to which school the children attend. Because this new law has not yet gone into effect, it is not clear whether the Courts will decide that educational legal custody also extends to the determination of whether twins or "multiples" should be placed in the same classroom. This uncertainty can likely be alleviated through a separation agreement or consent order of the parents, should they agree on placement.

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Christopher Miller

Kate Bowles Miller
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