H.B. No. 61
AN ACT
relating to consideration under the public school accountability
system of performance on assessment instruments by certain students
formerly receiving special education services and 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), (t), and (u) 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) A video camera placed under this section is not required
to be in operation for the time during which students are not
present in the classroom or other special education setting.
(u) 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. Section 39.053, Education Code, is amended by
amending Subsection (c) and adding Subsection (g-3) to read as
follows:
(c) School districts and campuses must be evaluated based on
five domains of indicators of achievement adopted under this
section that include:
(1) in the first domain, the results of:
(A) assessment instruments required under
Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(B) assessment instruments required under
Section 39.023(b), aggregated across grade levels by subject area,
including the percentage of students who performed satisfactorily
on the assessment instruments, as determined by the performance
standard adopted by the agency, aggregated across grade levels by
subject area;
(2) in the second domain:
(A) for assessment instruments under Subdivision
(1)(A):
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
(B) for assessment instruments under Subdivision
(1)(B), the percentage of students who met the standard for annual
improvement on the assessment instruments, as determined by the
commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area;
(3) in the third domain, the student academic
achievement differentials among students from different racial and
ethnic groups and socioeconomic backgrounds;
(4) in the fourth domain:
(A) for evaluating the performance of high school
campuses and districts that include high school campuses:
(i) dropout rates, including dropout rates
and district completion rates for grade levels 9 through 12,
computed in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education;
(ii) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act [No Child Left Behind Act of
2001] (20 U.S.C. Section 6301 et seq.);
(iii) the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(iv) the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
(v) the percentage of students who
completed a coherent sequence of career and technical courses;
(vi) the percentage of students who satisfy
the Texas Success Initiative (TSI) college readiness benchmarks
prescribed by the Texas Higher Education Coordinating Board under
Section 51.3062(f) on an assessment instrument in reading, writing,
or mathematics designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c);
(vii) the percentage of students who earn
at least 12 hours of postsecondary credit required for the
foundation high school program under Section 28.025 or to earn an
endorsement under Section 28.025(c-1);
(viii) the percentage of students who have
completed an advanced placement course;
(ix) the percentage of students who enlist
in the armed forces of the United States; and
(x) the percentage of students who earn an
industry certification;
(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
(i) student attendance; [and]
(ii) for middle and junior high school
campuses:
(a) dropout rates, computed in the
manner described by Paragraph (A)(i); and
(b) the percentage of students in
grades seven and eight who receive instruction in preparing for
high school, college, and a career that includes information
regarding the creation of a high school personal graduation plan
under Section 28.02121, the distinguished level of achievement
described by Section 28.025(b-15), each endorsement described by
Section 28.025(c-1), college readiness standards, and potential
career choices and the education needed to enter those careers; and
(iii) the percentage of students formerly
receiving special education services who achieved satisfactory
academic performance for those students, as determined by
commissioner rule, on assessment instruments administered under
Section 39.023 in grades three through eight; and
(C) any additional indicators of student
achievement not associated with performance on standardized
assessment instruments determined appropriate for consideration by
the commissioner in consultation with educators, parents, business
and industry representatives, and employers; and
(5) in the fifth domain, three programs or specific
categories of performance related to community and student
engagement locally selected and evaluated as provided by Section
39.0546.
(g-3) For purposes of Subsection (c)(4)(B)(iii), a student
formerly receiving special education services means a student whose
enrollment information:
(1) for the preceding year, as reported through the
Public Education Information Management System (PEIMS), indicates
the student was enrolled at the campus and was participating in a
special education program; and
(2) for the current year, as reported through the
Public Education Information Management System (PEIMS) and as
reported on assessment instruments administered to the student
under Section 39.023, indicates the student is enrolled at the
campus and is not participating in a special education program.
SECTION 3
. Section 39.202, Education Code, is amended to
read as follows:
Sec. 39.202. ACADEMIC DISTINCTION DESIGNATION FOR
DISTRICTS AND CAMPUSES. (a) The commissioner by rule shall
establish an academic distinction designation for districts and
campuses for outstanding performance in attainment of
postsecondary readiness. The commissioner shall adopt criteria
for the designation under this section, including:
(1) percentages of students who:
(A) performed satisfactorily, as determined
under the college readiness performance standard under Section
39.0241, on assessment instruments required under Section
39.023(a), (b), (c), or (l), aggregated across grade levels by
subject area; or
(B) met the standard for annual improvement, as
determined by the agency under Section 39.034, on assessment
instruments required under Section 39.023(a), (b), (c), or (l),
aggregated across grade levels by subject area, for students who
did not perform satisfactorily as described by Paragraph (A);
(2) percentages of:
(A) students who earned a nationally or
internationally recognized business or industry certification or
license;
(B) students who completed a coherent sequence of
career and technical courses;
(C) students who completed a dual credit course
or an articulated postsecondary course provided for local credit;
(D) students who achieved applicable College
Readiness Benchmarks or the equivalent on the Preliminary
Scholastic Assessment Test (PSAT), the Scholastic Assessment Test
(SAT), the American College Test (ACT), or the ACT-Plan assessment
program; [and]
(E) students who received a score on either an
advanced placement test or an international baccalaureate
examination to be awarded college credit; and
(F) students formerly receiving special
education services who achieved satisfactory academic performance
for those students, as determined by commissioner rule, on
assessment instruments administered under Section 39.023 in grades
three through eight; and
(3) other factors for determining sufficient student
attainment of postsecondary readiness.
(b) For purposes of Subsection (a)(2)(F), a student
formerly receiving special education services is a student whose
enrollment information:
(1) for the preceding year, as reported through the
Public Education Information Management System (PEIMS), indicates
the student was enrolled in the district and was participating in a
special education program; and
(2) for the current year, as reported through the
Public Education Information Management System (PEIMS) and as
reported on assessment instruments administered to the student
under Section 39.023, indicates the student is enrolled in the
district and is not participating in a special education program.
SECTION 4. This Act applies beginning with the 2017-2018
school year.
SECTION 5. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 61 was passed by the House on May 2,
2017, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 61 on May 25, 2017, by the following vote: Yeas 143, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 61 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor