Texas 2023 - 88th Regular

Texas House Bill HB2234 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R20268 ANG-F
2	2	By: Thompson of Harris, Garcia, Collier, H.B. No. 2234
3	3	et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to certain policies and procedures for the placement and
9	9	use of video cameras in certain classrooms, including classrooms
10	10	that provide special education services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 26.0081(c), Education Code, is amended
13	13	to read as follows:
14	14	(c) The agency shall produce and provide to school districts
15	15	a written explanation of the options and requirements for providing
16	16	assistance to students who have learning difficulties or who need
17	17	or may need special education. The explanation must state that a
18	18	parent is entitled at any time to request an evaluation of the
19	19	parent's child for special education services under Section 29.004
20	20	or for aids, accommodations, or services under Section 504,
21	21	Rehabilitation Act of 1973 (29 U.S.C. Section 794) and include
22	22	information regarding the use of video cameras in certain
23	23	classrooms as provided by Section 29.022. Each school year, each
24	24	district shall provide the written explanation to a parent of each
25	25	district student by including the explanation in the student
26	26	handbook or by another means.
27	27	SECTION 2. Section 29.022, Education Code, is amended by
28	28	amending Subsections (d), (e), and (l) and adding Subsection (l-1)
29	29	to read as follows:
30	30	(d) Before a school or campus activates a video camera in a
31	31	classroom or other special education setting, including a
32	32	self-contained classroom, under this section, the school or campus
33	33	shall provide written notice of the placement to all school or
34	34	campus staff and to the parents of each student attending class or
35	35	engaging in school activities in the classroom or setting. Written
36	36	notice required under this section must be provided not later than
37	37	the 10th instructional day after the first day the school or campus
38	38	activates the video camera.
39	39	(e) Except as provided by Subsection (e-1), a school
40	40	district or open-enrollment charter school shall retain video
41	41	recorded from a video camera placed under this section for at least
42	42	six [three] months after the date the video was recorded.
43	43	(l) A school district or open-enrollment charter school
44	44	policy relating to the placement, operation, or maintenance of
45	45	video cameras under this section must:
46	46	(1) include information on how a person may appeal an
47	47	action by the district or school that the person believes to be in
48	48	violation of this section or a policy adopted in accordance with
49	49	this section, including the appeals process under Section 7.057;
50	50	(2) require that the district or school provide a
51	51	response to a request made under this section not later than the
52	52	seventh school business day after receipt of the request by the
53	53	person to whom it must be submitted under Subsection (a-3) that
54	54	authorizes the request or states the reason for denying the
55	55	request;
56	56	(3) except as provided by Subdivision (5), require
57	57	that a school or a campus begin operation of a video camera in
58	58	compliance with this section not later than the 45th school
59	59	business day, or the first school day after the 45th school business
60	60	day if that day is not a school day, after the request is authorized
61	61	unless the agency grants an extension of time;
62	62	(4) permit the parent of a student whose admission,
63	63	review, and dismissal committee has determined that the student's
64	64	placement for the following school year will be in a classroom or
65	65	other special education setting in which a video camera may be
66	66	placed under this section to make a request for the video camera by
67	67	the later of:
68	68	(A) the date on which the current school year
69	69	ends; or
70	70	(B) the 10th school business day after the date
71	71	of the placement determination by the admission, review, and
72	72	dismissal committee; [and]
73	73	(5) if a request is made by a parent in compliance with
74	74	Subdivision (4), unless the agency grants an extension of time,
75	75	require that a school or campus begin operation of a video camera in
76	76	compliance with this section not later than the later of:
77	77	(A) the 10th school day of the fall semester; or
78	78	(B) the 45th school business day, or the first
79	79	school day after the 45th school business day if that day is not a
80	80	school day, after the date the request is made;
81	81	(6) require that, not later than the seventh school
82	82	business day after a parent requests the district or school to
83	83	release a video recording for viewing under Subsection (i)(2), the
84	84	district or school:
85	85	(A) release the recording for viewing; or
86	86	(B) if the district or school determines that the
87	87	district or school is not required to release the recording under
88	88	that subsection, provide a written response to the parent that
89	89	states the reason the district or school is not required to release
90	90	the recording and includes information regarding how the parent may
91	91	appeal the action as described by Subdivision (1); and
92	92	(7) not later than the 10th day of the fall semester,
93	93	require the district or school to provide written information
94	94	detailing the policy regarding the placement, operation, or
95	95	maintenance of any video cameras to the parent of a student who:
96	96	(A) receives special education services in one or
97	97	more self-contained classrooms or other special education settings
98	98	in which a majority of the students in regular attendance are
99	99	provided special education and related services; or
100	100	(B) is assigned to one or more self-contained
101	101	classrooms or other special education settings for at least 50
102	102	percent of the instructional day.
103	103	(l-1) The commissioner shall:
104	104	(1) develop and post on the agency's Internet website a
105	105	model form for school districts and open-enrollment charter schools
106	106	to use to notify parents as required by Subsection (l)(7); and
107	107	(2) review and update the form, as necessary.
108	108	SECTION 3. Section 48.115(b), Education Code, is amended to
109	109	read as follows:
110	110	(b) Funds allocated under this section must be used to
111	111	improve school safety and security, including costs associated
112	112	with:
113	113	(1) securing school facilities, including:
114	114	(A) improvements to school infrastructure;
115	115	(B) the use or installation of physical barriers;
116	116	and
117	117	(C) the purchase and maintenance of:
118	118	(i) security cameras or other security
119	119	equipment, including video surveillance as provided by Section
120	120	29.022; and
121	121	(ii) technology, including communications
122	122	systems or devices, that facilitates communication and information
123	123	sharing between students, school personnel, and first responders in
124	124	an emergency;
125	125	(2) providing security for the district, including:
126	126	(A) employing school district peace officers,
127	127	private security officers, and school marshals; and
128	128	(B) collaborating with local law enforcement
129	129	agencies, such as entering into a memorandum of understanding for
130	130	the assignment of school resource officers to schools in the
131	131	district;
132	132	(3) school safety and security training and planning,
133	133	including:
134	134	(A) active shooter and emergency response
135	135	training;
136	136	(B) prevention and treatment programs relating
137	137	to addressing adverse childhood experiences; and
138	138	(C) the prevention, identification, and
139	139	management of emergencies and threats, using evidence-based,
140	140	effective prevention practices and including:
141	141	(i) providing licensed counselors, social
142	142	workers, and individuals trained in restorative discipline and
143	143	restorative justice practices;
144	144	(ii) providing mental health personnel and
145	145	support;
146	146	(iii) providing behavioral health
147	147	services;
148	148	(iv) establishing threat reporting
149	149	systems; and
150	150	(v) developing and implementing programs
151	151	focused on restorative justice practices, culturally relevant
152	152	instruction, and providing mental health support; and
153	153	(4) providing programs related to suicide prevention,
154	154	intervention, and postvention.
155	155	SECTION 4. This Act applies beginning with the 2023-2024
156	156	school year.
157	157	SECTION 5. This Act takes effect immediately if it receives
158	158	a vote of two-thirds of all the members elected to each house, as
159	159	provided by Section 39, Article III, Texas Constitution. If this
160	160	Act does not receive the vote necessary for immediate effect, this
161	161	Act takes effect September 1, 2023.