85R30785 MEW-D     By: Lucio, et al. S.B. No. 1398     (Thompson of Harris)     Substitute the following for S.B. No. 1398:  No.       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), (r), (s), and (t) 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 school   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). Not   later than the 10th school day before 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 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;                (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 relating to the neglect or abuse of a student 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 school district or open-enrollment charter 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 or a policy adopted in accordance with   this section, including the appeals process under Section 7.057;                (2)  require that the district or 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, or the first school day after the 45th school business   day if that day is not a school day, after the request is authorized   unless the agency grants an extension of time;                (4)  permit the parent 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 in compliance with   Subdivision (4), unless the agency grants an extension of time,   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, or the first   school day after the 45th school business day if that day is not a   school day, after the date the request is made.          (m)  A school district, parent, staff member, or   administrator 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 (5); or                (3)  determination to not release a video recording to   a person described by Subsection (i).          (n)  If a school district, parent, staff member, or   administrator requests an expedited review under Subsection (m),   the agency shall notify all other interested parties of the   request.          (o)  If an expedited review has been requested 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. The   agency shall notify the requestor and the district, if the district   is not the requestor, of the agency's determination.          (p)  The commissioner:                (1)  shall adopt rules relating to the expedited review   process under Subsections (m), (n), and (o), including standards   for making a determination under Subsection (o); and                (2)  may adopt rules relating to an expedited review   process under Subsections (m), (n), and (o) for an open-enrollment   charter school.          (q)  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.          (r)  A video recording under this section is a governmental   record only for purposes of Section 37.10, Penal Code.          (s)  This section applies to the placement, operation, and   maintenance of a video camera in a self-contained classroom or   other special education setting during the regular school year and   extended school year services.          (t)  In this section:                (1)  "Parent" includes a guardian or other person   standing in parental relation to a student.                (2)  "School business day" means a day that campus or   school district administrative offices are open.                (3)  "Self-contained classroom" does not include a   classroom that is a resource room instructional arrangement under   Section 42.151.                (4)  "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.                (5)  "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.