Texas 2019 - 86th Regular

Texas Senate Bill SB1909 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14329 JES-D
2	2	By: Lucio S.B. No. 1909
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain policies and procedures for the placement and
8	8	use of video cameras in certain self-contained classrooms or other
9	9	settings providing special education services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 29.022, Education Code, is amended by
12	12	adding Subsections (e-2) and (i-2) and amending Subsections (i),
13	13	(l), and (t) to read as follows:
14	14	(e-2) A person authorized to view a video recording under
15	15	this section is entitled to hear any audio recorded by the video
16	16	camera, including audio recorded in an area that may not be visually
17	17	monitored under Subsection (c-1). Audio recorded by a video camera
18	18	is subject to the same requirements as those applicable to a video
19	19	recording under this section.
20	20	(i) A video recording of a student made according to this
21	21	section is confidential and may not be released or viewed except as
22	22	provided by this subsection or Subsection (i-1), (i-2), or (j). A
23	23	school district or open-enrollment charter school shall release a
24	24	recording for viewing by:
25	25	(1) an employee who is involved in an alleged incident
26	26	that is documented by the recording and has been reported to the
27	27	district or school, on request of the employee;
28	28	(2) a parent of a student who is involved in an alleged
29	29	incident that is documented by the recording and has been reported
30	30	to the district or school, on request of the parent;
31	31	(3) appropriate Department of Family and Protective
32	32	Services personnel as part of an investigation under Section
33	33	261.406, Family Code;
34	34	(4) a peace officer, a school nurse, a district or
35	35	school administrator trained in de-escalation and restraint
36	36	techniques as provided by commissioner rule, or a human resources
37	37	staff member designated by the board of trustees of the school
38	38	district or the governing body of the open-enrollment charter
39	39	school in response to a report of an alleged incident or an
40	40	investigation of district or school personnel or a report of
41	41	alleged abuse committed by a student; or
42	42	(5) appropriate agency or State Board for Educator
43	43	Certification personnel or agents as part of an investigation.
44	44	(i-2) For purposes of Subsection (i), a school district or
45	45	open-enrollment charter school may comply with requirements to
46	46	release a video recording for viewing by allowing a person
47	47	authorized under that subsection to view the video recording at a
48	48	district or school facility.
49	49	(l) A school district or open-enrollment charter school
50	50	policy relating to the placement, operation, or maintenance of
51	51	video cameras under this section must:
52	52	(1) include information on how a person may appeal an
53	53	action by the district or school that the person believes to be in
54	54	violation of this section or a policy adopted in accordance with
55	55	this section, including the appeals process under Section 7.057;
56	56	(2) require that the district or school provide a
57	57	response to a request made under this section not later than the
58	58	seventh school business day after receipt of the request by the
59	59	person to whom it must be submitted under Subsection (a-3) that
60	60	authorizes the request or states the reason for denying the
61	61	request;
62	62	(3) except as provided by Subdivision (5), require
63	63	that a school or a campus begin operation of a video camera in
64	64	compliance with this section not later than the 45th school
65	65	business day, or the first school day after the 45th school business
66	66	day if that day is not a school day, after the request is authorized
67	67	unless the agency grants an extension of time;
68	68	(4) permit the parent of a student whose admission,
69	69	review, and dismissal committee has determined that the student's
70	70	placement for the following school year will be in a classroom or
71	71	other special education setting in which a video camera may be
72	72	placed under this section to make a request for the video camera by
73	73	the later of:
74	74	(A) the date on which the current school year
75	75	ends; or
76	76	(B) the 10th school business day after the date
77	77	of the placement determination by the admission, review, and
78	78	dismissal committee; [and]
79	79	(5) if a request is made by a parent in compliance with
80	80	Subdivision (4), unless the agency grants an extension of time,
81	81	require that a school or campus begin operation of a video camera in
82	82	compliance with this section not later than the later of:
83	83	(A) the 10th school day of the fall semester; or
84	84	(B) the 45th school business day, or the first
85	85	school day after the 45th school business day if that day is not a
86	86	school day, after the date the request is made; and
87	87	(6) include information regarding the procedure for a
88	88	person authorized by Subsection (i) to request to view a video
89	89	recording of an alleged incident.
90	90	(t) A video camera placed under this section is [not]
91	91	required to be in operation at any [for the] time during which a
92	92	student is [students are not] present in the classroom or other
93	93	special education setting, regardless of whether the time is
94	94	included in the instructional day.
95	95	SECTION 2. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2019.