86R14329 JES-D
By: Lucio S.B. No. 1909
A BILL TO BE ENTITLED
AN ACT
relating to certain policies and procedures for 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
adding Subsections (e-2) and (i-2) and amending Subsections (i),
(l), and (t) to read as follows:
(e-2) A person authorized to view a video recording under
this section is entitled to hear any audio recorded by the video
camera, including audio recorded in an area that may not be visually
monitored under Subsection (c-1). Audio recorded by a video camera
is subject to the same requirements as those applicable to a video
recording under this section.
(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), (i-2), or (j). A
school district or open-enrollment charter school shall release a
recording for viewing by:
(1) an employee 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 employee;
(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) 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 or an
investigation of district or school personnel or a report of
alleged abuse committed by a student; or
(5) appropriate agency or State Board for Educator
Certification personnel or agents as part of an investigation.
(i-2) For purposes of Subsection (i), a school district or
open-enrollment charter school may comply with requirements to
release a video recording for viewing by allowing a person
authorized under that subsection to view the video recording at a
district or school facility.
(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; and
(6) include information regarding the procedure for a
person authorized by Subsection (i) to request to view a video
recording of an alleged incident.
(t) A video camera placed under this section is [not]
required to be in operation at any [for the] time during which a
student is [students are not] present in the classroom or other
special education setting, regardless of whether the time is
included in the instructional day.
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, 2019.