Bill Text: TX SB1398 | 2017-2018 | 85th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the placement and use of video cameras in certain self-contained classrooms or other settings providing special education services.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2017-06-12 - Effective immediately [SB1398 Detail]

Download: Texas-2017-SB1398-Engrossed.html
 
 
  By: Lucio, et al. S.B. No. 1398
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the placement and use of video cameras in certain
  self-contained classrooms or other settings providing special
  education services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.022, Education Code, is amended by
  amending Subsections (a), (b), (c), (d), (e), (i), and (j) and
  adding Subsections (a-1), (a-2), (a-3), (c-1), (e-1), (i-1), (l),
  (m), (n), (o), (p), (q), and (r) to read as follows:
         (a)  In order to promote student safety, on receipt of a
  written request authorized under Subsection (a-1) [by a parent,
  trustee, or staff member], a school district or open-enrollment
  charter school shall provide equipment, including a video camera,
  to the [each] school or schools in the district or the [each]
  charter school campus or campuses specified in the request [in
  which a student who receives special education services in a
  self-contained classroom or other special education setting is
  enrolled].  A [Each] school or campus that receives equipment as
  provided by this subsection shall place, operate, and maintain one
  or more video cameras in [each] self-contained classrooms and 
  [classroom or] other special education settings [setting] in which
  a majority of the students in regular attendance are[:
               [(1)]  provided special education and related
  services[;] and are
               [(2)]  assigned to one or more [a] self-contained
  classrooms [classroom] or other special education settings 
  [setting] for at least 50 percent of the instructional day,
  provided that:
               (1)  a school or campus that receives equipment as a
  result of the request by a parent or staff member is required to
  place equipment only in classrooms or settings in which the
  parent's child is in regular attendance or to which the staff member
  is assigned, as applicable; and
               (2)  a school or campus that receives equipment as a
  result of the request by a board of trustees, governing body,
  principal, or assistant principal is required to place equipment
  only in classrooms or settings identified by the requestor, if the
  requestor limits the request to specific classrooms or settings
  subject to this subsection.
         (a-1)  For purposes of Subsection (a):
               (1)  a parent of a child who receives special education
  services in one or more self-contained classrooms or other special
  education settings may request in writing that equipment be
  provided to the school or campus at which the child receives those
  services;
               (2)  a board of trustees or governing body may request
  in writing that equipment be provided to one or more specified
  schools or campuses at which one or more children receive special
  education services in self-contained classrooms or other special
  education settings;
               (3)  the principal or assistant principal of a school
  or campus at which one or more children receive special education
  services in self-contained classrooms or other special education
  settings may request in writing that equipment be provided to the
  principal's or assistant principal's school or campus; and
               (4)  a staff member assigned to work with one or more
  children receiving special education services in self-contained
  classrooms or other special education settings may request in
  writing that equipment be provided to the school or campus at which
  the staff member works.
         (a-2)  Each school district or open-enrollment charter
  school shall designate an administrator at the primary
  administrative office of the district or school with responsibility
  for coordinating the provision of equipment to schools and campuses
  in compliance with this section.
         (a-3)  A written request must be submitted and acted on as
  follows:
               (1)  a parent, staff member, or assistant principal
  must submit a request to the principal or the principal's designee
  of the school or campus addressed in the request, and the principal
  or designee must provide a copy of the request to the administrator
  designated under Subsection (a-2);
               (2)  a principal must submit a request by the principal
  to the administrator designated under Subsection (a-2); and
               (3)  a board of trustees or governing body must submit a
  request to the administrator designated under Subsection (a-2), and
  the administrator must provide a copy of the request to the
  principal or the principal's designee of the school or campus
  addressed in the request.
         (b)  A school or campus that places a video camera in a
  classroom or other special education setting in accordance with
  Subsection (a) shall operate and maintain the video camera in the
  classroom or setting, as long as the classroom or setting continues
  to satisfy the requirements under Subsection (a), for the remainder
  of the school year in which the school or campus received the
  request, unless the requestor withdraws the request in writing. If
  for any reason a school or campus will discontinue operation of a
  video camera during a school year, not later than the fifth business
  day before the date the operation of the video camera will be
  discontinued, the school or campus must notify the parents of each
  student in regular attendance in the classroom or setting that
  operation of the video camera will not continue unless requested by
  a person eligible to make a request under Subsection (a-1). At the
  end of each school year, the school or campus must notify the
  parents of each student in regular attendance in the classroom or
  setting that operation of the video camera will not continue during
  the following school year unless a person eligible to make a request
  for the next school year under Subsection (a-1) submits a new
  request.
         (c)  Except as provided by Subsection (c-1), video [Video]
  cameras placed under this section must be capable of:
               (1)  covering all areas of the classroom or other
  special education setting, including a room attached to the
  classroom or setting used for time-out [except that the inside of a
  bathroom or any area in the classroom or setting in which a
  student's clothes are changed may not be visually monitored]; and
               (2)  recording audio from all areas of the classroom or
  other special education setting, including a room attached to the
  classroom or setting used for time-out.
         (c-1)  The inside of a bathroom or any area in the classroom
  or other special education setting in which a student's clothes are
  changed may not be visually monitored, except for incidental
  coverage of a minor portion of a bathroom or changing area because
  of the layout of the classroom or setting.
         (d)  Before a school or campus activates [places] a video
  camera in a classroom or other special education setting under this
  section, the school or campus shall provide written notice of the
  placement to all school or campus staff and to the parents of each
  [a] student attending class or engaging in school activities 
  [receiving special education services] in the classroom or setting.
         (e)  Except as provided by Subsection (e-1), a [A] school
  district or open-enrollment charter school shall retain video
  recorded from a video camera placed under this section for at least
  three [six] months after the date the video was recorded.
         (e-1)  If a person described by Subsection (i) requests to
  view a video recording from a video camera placed under this
  section, a school district or open-enrollment charter school must
  retain the recording from the date of receipt of the request until
  the person has viewed the recording and a determination has been
  made as to whether the recording documents an alleged incident. If
  the recording documents an alleged incident, the district or school
  shall retain the recording until the alleged incident has been
  resolved, including the exhaustion of all appeals.
         (i)  A video recording of a student made according to this
  section is confidential and may not be released or viewed except as
  provided by this subsection or Subsection (i-1) or (j). A school
  district or open-enrollment charter school shall release a
  recording for viewing by:
               (1)  an [a school district] employee [or a parent or
  guardian of a student] who is involved in an alleged incident that
  is documented by the recording and [for which a complaint] has been
  reported to the district or school, on request of the employee[,
  parent, or guardian, respectively];
               (2)  a parent or guardian of a student who is involved
  in an alleged incident that is documented by the recording and has
  been reported to the district or school, on request of the parent or
  guardian;
               (3)  appropriate Department of Family and Protective
  Services personnel as part of an investigation under Section
  261.406, Family Code;
               (4) [(3)]  a peace officer, a school nurse, a district
  or school administrator trained in de-escalation and restraint
  techniques as provided by commissioner rule, or a human resources
  staff member designated by the board of trustees of the school
  district or the governing body of the open-enrollment charter
  school in response to a report of an alleged incident [complaint] or
  an investigation of district or school personnel or a report
  [complaint] of alleged abuse committed by a student; or
               (5) [(4)]  appropriate agency or State Board for
  Educator Certification personnel or agents as part of an
  investigation.
         (i-1)  A contractor or employee performing job duties
  relating to the installation, operation, or maintenance of video
  equipment or the retention of video recordings who incidentally
  views a video recording is not in violation of Subsection (i).
         (j)  If a person described by Subsection (i)(4) [(i)(3)] or
  (5) [(4)] who views the video recording believes that the recording
  documents a possible violation under Subchapter E, Chapter 261,
  Family Code, the person shall notify the Department of Family and
  Protective Services for investigation in accordance with Section
  261.406, Family Code.  If any person described by Subsection (i)(3) 
  [(i)(2)], [(3), or] (4), or (5) who views the recording believes
  that the recording documents a possible violation of district or
  school policy, the person may allow access to the recording to
  appropriate legal and human resources personnel. A recording
  believed to document a possible violation of district or school
  policy may be used as part of a disciplinary action against district
  or school personnel and shall be released at the request of the
  student's parent or guardian in a legal proceeding. This
  subsection does not limit the access of a student's parent to a
  record regarding the student under the Family Educational Rights
  and Privacy Act of 1974 (20 U.S.C. Section 1232g) or other law.
         (l)  A district or school policy relating to the placement,
  operation, or maintenance of video cameras under this section must:
               (1)  include information on how a person may appeal an
  action by the district or school that the person believes to be in
  violation of this section, including the appeals process under
  Section 7.057;
               (2)  require that a school district or open-enrollment
  charter school provide a response to a request made under this
  section not later than the seventh school business day after
  receipt of the request by the person to whom it must be submitted
  under Subsection (a-3) that authorizes the request or states the
  reason for denying the request;
               (3)  except as provided by Subdivision (5), require
  that a school or a campus begin operation of a video camera in
  compliance with this section not later than the 45th school
  business day after the request is authorized unless the agency
  grants the district an extension of time;
               (4)  permit the parent or guardian of a student whose
  admission, review, and dismissal committee has determined that the
  student's placement for the following school year will be in a
  classroom or other special education setting in which a video
  camera may be placed under this section to make a request for the
  video camera by the later of:
                     (A)  the date on which the current school year
  ends; or
                     (B)  the 10th school business day after the date
  of the placement determination by the admission, review, and
  dismissal committee; and
               (5)  if a request is made by a parent or guardian in
  compliance with Subdivision (4), require that a school or campus
  begin operation of a video camera in compliance with this section
  not later than the later of:
                     (A)  the 10th school day of the fall semester; or
                     (B)  the 45th school business day after the date
  the request is made.
         (m)  A school district may request an expedited review by the
  agency of the district's:
               (1)  denial of a request made under this section;
               (2)  request for an extension of time to begin
  operation of a video camera under Subsection (l)(3); or
               (3)  determination to not release a video recording to
  a person described by Subsection (i).
         (n)  If a school district requests an expedited review under
  Subsection (m), the agency shall issue a preliminary judgment as to
  whether the district is likely to prevail on the issue under a full
  review by the agency. If the agency determines that the district is
  not likely to prevail, the district must fully comply with this
  section notwithstanding an appeal of the agency's decision.
         (o)  The commissioner may adopt rules relating to an
  expedited review process under Subsections (m) and (n) for an
  open-enrollment charter school.
         (p)  The agency shall collect data relating to requests made
  under this section and actions taken by a school district or
  open-enrollment charter school in response to a request, including
  the number of requests made, authorized, and denied.
         (q)  A video recording under this section is a governmental
  record only for purposes of Section 37.10, Penal Code.
         (r)  In this section:
               (1)  "School business day" means a day that campus or
  school district administrative offices are open.
               (2)  "Self-contained classroom" does not include a
  classroom that is a resource room instructional arrangement under
  Section 42.151.
               (3)  "Staff member" means a teacher, related service
  provider, paraprofessional, counselor, or educational aide
  assigned to work in a self-contained classroom or other special
  education setting.
               (4)  "Time-out" has the meaning assigned by Section
  37.0021.
         SECTION 2.  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, 2017.
feedback