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AN ACT
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relating to the placement and use of video cameras in certain |
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self-contained classrooms or other settings providing special |
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education services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.022, Education Code, is amended by |
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amending Subsections (a), (b), (c), (d), (e), (i), and (j) and |
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adding Subsections (a-1), (a-2), (a-3), (c-1), (e-1), (i-1), (l), |
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(m), (n), (o), (p), (q), (r), (s), (t), and (u) to read as follows: |
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(a) In order to promote student safety, on receipt of a |
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written request authorized under Subsection (a-1) [by a parent,
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trustee, or staff member], a school district or open-enrollment |
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charter school shall provide equipment, including a video camera, |
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to the [each] school or schools in the district or the [each] |
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charter school campus or campuses specified in the request [in
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which a student who receives special education services in a
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self-contained classroom or other special education setting is
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enrolled]. A [Each] school or campus that receives equipment as |
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provided by this subsection shall place, operate, and maintain one |
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or more video cameras in [each] self-contained classrooms and |
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[classroom or] other special education settings [setting] in which |
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a majority of the students in regular attendance are[:
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[(1)] provided special education and related |
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services[;] and are |
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[(2)] assigned to one or more [a] self-contained |
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classrooms [classroom] or other special education settings |
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[setting] for at least 50 percent of the instructional day, |
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provided that: |
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(1) a school or campus that receives equipment as a |
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result of the request by a parent or staff member is required to |
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place equipment only in classrooms or settings in which the |
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parent's child is in regular attendance or to which the staff member |
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is assigned, as applicable; and |
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(2) a school or campus that receives equipment as a |
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result of the request by a board of trustees, governing body, |
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principal, or assistant principal is required to place equipment |
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only in classrooms or settings identified by the requestor, if the |
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requestor limits the request to specific classrooms or settings |
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subject to this subsection. |
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(a-1) For purposes of Subsection (a): |
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(1) a parent of a child who receives special education |
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services in one or more self-contained classrooms or other special |
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education settings may request in writing that equipment be |
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provided to the school or campus at which the child receives those |
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services; |
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(2) a board of trustees or governing body may request |
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in writing that equipment be provided to one or more specified |
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schools or campuses at which one or more children receive special |
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education services in self-contained classrooms or other special |
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education settings; |
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(3) the principal or assistant principal of a school |
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or campus at which one or more children receive special education |
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services in self-contained classrooms or other special education |
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settings may request in writing that equipment be provided to the |
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principal's or assistant principal's school or campus; and |
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(4) a staff member assigned to work with one or more |
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children receiving special education services in self-contained |
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classrooms or other special education settings may request in |
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writing that equipment be provided to the school or campus at which |
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the staff member works. |
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(a-2) Each school district or open-enrollment charter |
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school shall designate an administrator at the primary |
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administrative office of the district or school with responsibility |
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for coordinating the provision of equipment to schools and campuses |
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in compliance with this section. |
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(a-3) A written request must be submitted and acted on as |
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follows: |
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(1) a parent, staff member, or assistant principal |
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must submit a request to the principal or the principal's designee |
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of the school or campus addressed in the request, and the principal |
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or designee must provide a copy of the request to the administrator |
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designated under Subsection (a-2); |
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(2) a principal must submit a request by the principal |
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to the administrator designated under Subsection (a-2); and |
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(3) a board of trustees or governing body must submit a |
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request to the administrator designated under Subsection (a-2), and |
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the administrator must provide a copy of the request to the |
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principal or the principal's designee of the school or campus |
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addressed in the request. |
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(b) A school or campus that places a video camera in a |
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classroom or other special education setting in accordance with |
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Subsection (a) shall operate and maintain the video camera in the |
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classroom or setting, as long as the classroom or setting continues |
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to satisfy the requirements under Subsection (a), for the remainder |
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of the school year in which the school or campus received the |
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request, unless the requestor withdraws the request in writing. If |
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for any reason a school or campus will discontinue operation of a |
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video camera during a school year, not later than the fifth school |
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day before the date the operation of the video camera will be |
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discontinued, the school or campus must notify the parents of each |
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student in regular attendance in the classroom or setting that |
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operation of the video camera will not continue unless requested by |
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a person eligible to make a request under Subsection (a-1). Not |
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later than the 10th school day before the end of each school year, |
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the school or campus must notify the parents of each student in |
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regular attendance in the classroom or setting that operation of |
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the video camera will not continue during the following school year |
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unless a person eligible to make a request for the next school year |
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under Subsection (a-1) submits a new request. |
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(c) Except as provided by Subsection (c-1), video [Video] |
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cameras placed under this section must be capable of: |
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(1) covering all areas of the classroom or other |
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special education setting, including a room attached to the |
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classroom or setting used for time-out [except that the inside of a
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bathroom or any area in the classroom or setting in which a
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student's clothes are changed may not be visually monitored]; and |
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(2) recording audio from all areas of the classroom or |
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other special education setting, including a room attached to the |
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classroom or setting used for time-out. |
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(c-1) The inside of a bathroom or any area in the classroom |
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or other special education setting in which a student's clothes are |
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changed may not be visually monitored, except for incidental |
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coverage of a minor portion of a bathroom or changing area because |
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of the layout of the classroom or setting. |
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(d) Before a school or campus activates [places] a video |
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camera in a classroom or other special education setting under this |
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section, the school or campus shall provide written notice of the |
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placement to all school or campus staff and to the parents of each |
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[a] student attending class or engaging in school activities |
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[receiving special education services] in the classroom or setting. |
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(e) Except as provided by Subsection (e-1), a [A] school |
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district or open-enrollment charter school shall retain video |
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recorded from a video camera placed under this section for at least |
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three [six] months after the date the video was recorded. |
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(e-1) If a person described by Subsection (i) requests to |
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view a video recording from a video camera placed under this |
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section, a school district or open-enrollment charter school must |
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retain the recording from the date of receipt of the request until |
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the person has viewed the recording and a determination has been |
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made as to whether the recording documents an alleged incident. If |
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the recording documents an alleged incident, the district or school |
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shall retain the recording until the alleged incident has been |
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resolved, including the exhaustion of all appeals. |
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(i) A video recording of a student made according to this |
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section is confidential and may not be released or viewed except as |
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provided by this subsection or Subsection (i-1) or (j). A school |
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district or open-enrollment charter school shall release a |
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recording for viewing by: |
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(1) an [a school district] employee [or a parent or
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guardian of a student] who is involved in an alleged incident that |
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is documented by the recording and [for which a complaint] has been |
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reported to the district or school, on request of the employee[,
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parent, or guardian, respectively]; |
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(2) a parent of a student who is involved in an alleged |
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incident that is documented by the recording and has been reported |
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to the district or school, on request of the parent; |
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(3) appropriate Department of Family and Protective |
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Services personnel as part of an investigation under Section |
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261.406, Family Code; |
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(4) [(3)] a peace officer, a school nurse, a district |
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or school administrator trained in de-escalation and restraint |
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techniques as provided by commissioner rule, or a human resources |
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staff member designated by the board of trustees of the school |
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district or the governing body of the open-enrollment charter |
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school in response to a report of an alleged incident [complaint] or |
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an investigation of district or school personnel or a report |
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[complaint] of alleged abuse committed by a student; or |
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(5) [(4)] appropriate agency or State Board for |
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Educator Certification personnel or agents as part of an |
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investigation. |
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(i-1) A contractor or employee performing job duties |
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relating to the installation, operation, or maintenance of video |
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equipment or the retention of video recordings who incidentally |
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views a video recording is not in violation of Subsection (i). |
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(j) If a person described by Subsection (i)(4) [(i)(3)] or |
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(5) [(4)] who views the video recording believes that the recording |
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documents a possible violation under Subchapter E, Chapter 261, |
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Family Code, the person shall notify the Department of Family and |
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Protective Services for investigation in accordance with Section |
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261.406, Family Code. If any person described by Subsection (i)(3) |
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[(i)(2)], [(3), or] (4), or (5) who views the recording believes |
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that the recording documents a possible violation of district or |
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school policy, the person may allow access to the recording to |
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appropriate legal and human resources personnel. A recording |
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believed to document a possible violation of district or school |
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policy relating to the neglect or abuse of a student may be used as |
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part of a disciplinary action against district or school personnel |
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and shall be released at the request of the student's parent [or
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guardian] in a legal proceeding. This subsection does not limit the |
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access of a student's parent to a record regarding the student under |
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the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g) or other law. |
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(l) A school district or open-enrollment charter school |
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policy relating to the placement, operation, or maintenance of |
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video cameras under this section must: |
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(1) include information on how a person may appeal an |
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action by the district or school that the person believes to be in |
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violation of this section or a policy adopted in accordance with |
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this section, including the appeals process under Section 7.057; |
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(2) require that the district or school provide a |
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response to a request made under this section not later than the |
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seventh school business day after receipt of the request by the |
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person to whom it must be submitted under Subsection (a-3) that |
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authorizes the request or states the reason for denying the |
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request; |
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(3) except as provided by Subdivision (5), require |
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that a school or a campus begin operation of a video camera in |
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compliance with this section not later than the 45th school |
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business day, or the first school day after the 45th school business |
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day if that day is not a school day, after the request is authorized |
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unless the agency grants an extension of time; |
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(4) permit the parent of a student whose admission, |
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review, and dismissal committee has determined that the student's |
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placement for the following school year will be in a classroom or |
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other special education setting in which a video camera may be |
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placed under this section to make a request for the video camera by |
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the later of: |
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(A) the date on which the current school year |
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ends; or |
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(B) the 10th school business day after the date |
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of the placement determination by the admission, review, and |
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dismissal committee; and |
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(5) if a request is made by a parent in compliance with |
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Subdivision (4), unless the agency grants an extension of time, |
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require that a school or campus begin operation of a video camera in |
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compliance with this section not later than the later of: |
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(A) the 10th school day of the fall semester; or |
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(B) the 45th school business day, or the first |
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school day after the 45th school business day if that day is not a |
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school day, after the date the request is made. |
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(m) A school district, parent, staff member, or |
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administrator may request an expedited review by the agency of the |
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district's: |
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(1) denial of a request made under this section; |
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(2) request for an extension of time to begin |
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operation of a video camera under Subsection (l)(3) or (5); or |
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(3) determination to not release a video recording to |
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a person described by Subsection (i). |
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(n) If a school district, parent, staff member, or |
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administrator requests an expedited review under Subsection (m), |
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the agency shall notify all other interested parties of the |
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request. |
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(o) If an expedited review has been requested under |
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Subsection (m), the agency shall issue a preliminary judgment as to |
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whether the district is likely to prevail on the issue under a full |
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review by the agency. If the agency determines that the district is |
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not likely to prevail, the district must fully comply with this |
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section notwithstanding an appeal of the agency's decision. The |
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agency shall notify the requestor and the district, if the district |
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is not the requestor, of the agency's determination. |
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(p) The commissioner: |
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(1) shall adopt rules relating to the expedited review |
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process under Subsections (m), (n), and (o), including standards |
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for making a determination under Subsection (o); and |
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(2) may adopt rules relating to an expedited review |
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process under Subsections (m), (n), and (o) for an open-enrollment |
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charter school. |
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(q) The agency shall collect data relating to requests made |
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under this section and actions taken by a school district or |
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open-enrollment charter school in response to a request, including |
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the number of requests made, authorized, and denied. |
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(r) A video recording under this section is a governmental |
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record only for purposes of Section 37.10, Penal Code. |
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(s) This section applies to the placement, operation, and |
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maintenance of a video camera in a self-contained classroom or |
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other special education setting during the regular school year and |
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extended school year services. |
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(t) A video camera placed under this section is not required |
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to be in operation for the time during which students are not |
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present in the classroom or other special education setting. |
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(u) In this section: |
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(1) "Parent" includes a guardian or other person |
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standing in parental relation to a student. |
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(2) "School business day" means a day that campus or |
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school district administrative offices are open. |
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(3) "Self-contained classroom" does not include a |
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classroom that is a resource room instructional arrangement under |
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Section 42.151. |
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(4) "Staff member" means a teacher, related service |
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provider, paraprofessional, counselor, or educational aide |
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assigned to work in a self-contained classroom or other special |
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education setting. |
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(5) "Time-out" has the meaning assigned by Section |
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37.0021. |
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SECTION 2. 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, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1398 passed the Senate on |
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May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendments on May 28, 2017, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1398 passed the House, with |
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amendments, on May 24, 2017, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |