89R3523 TSS-D
By: González of El Paso H.B. No. 615
A BILL TO BE ENTITLED
AN ACT
relating to policies and procedures regarding a public school
student who knowingly produced or distributed certain intimate
videos or images depicting another student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.026 to read as follows:
Sec. 37.026. POLICIES AND PROCEDURES REGARDING STUDENTS WHO
PRODUCE OR DISTRIBUTE CERTAIN INTIMATE VIDEOS OR IMAGES. (a) In
this section:
(1) "Deep fake video" has the meaning assigned by
Section 21.165, Penal Code.
(2) "Intimate parts" has the meaning assigned by
Section 21.16, Penal Code.
(3) "Sexual conduct" has the meaning assigned by
Section 21.16, Penal Code.
(b) If the principal of a school district campus has reason
to believe that a district student has knowingly produced or
distributed by any means a video or image that depicts or appears to
depict another student enrolled at the same campus with that
student's intimate parts exposed or engaged in sexual conduct,
including a video or image created through the use of artificial
intelligence technology or a deep fake video, the principal shall
initiate an investigation into the alleged misconduct.
(c) An investigation under Subsection (b) must:
(1) be conducted by the principal of the district
campus or the principal's designee; and
(2) include documentation regarding:
(A) each student or other person interviewed;
(B) each item of evidence collected or
considered; and
(C) each action taken by the principal or
principal's designee while conducting the investigation.
(d) Immediately following the initiation of an
investigation under Subsection (b) at a school district campus, the
principal shall designate a campus employee to coordinate the
provision of supportive measures and services to each student
impacted by the alleged misconduct, regardless of whether the
student wishes to participate in the investigation.
(e) Each school district shall post on the district's
Internet website and provide in writing, at the beginning of each
school year, to each student and student's parent or guardian
information regarding supportive measures and services available
to students impacted by an incident described by Subsection (b).
(f) Not later than 10 school days after a principal first
has reason to believe a district student engaged in misconduct
described by Subsection (b), the principal or principal's designee
shall complete the investigation and submit to each impacted
student and the student's parent or guardian a written summary of
the principal's or designee's findings. The summary must:
(1) comply with federal and state laws relating to the
privacy of student records, including the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g); and
(2) include:
(A) a description of the information and evidence
considered during the investigation;
(B) a preliminary determination regarding
whether the student engaged in the misconduct described by
Subsection (b); and
(C) an explanation of the reasons for the
determination under Paragraph (B).
(g) The time period prescribed for an investigation under
Subsection (f) may be extended if the principal or the principal's
designee determines that good cause exists for the extension.
(h) The principal or principal's designee may not make a
final determination regarding whether the student engaged in the
misconduct described by Subsection (b) until the principal or the
principal's designee gives each student, parent, or guardian to
whom the summary was submitted under Subsection (f) an opportunity
to review and respond to the summary.
(i) The principal or principal's designee shall notify the
parent or guardian of each impacted student regarding:
(1) the principal's or designee's final determination;
and
(2) the actions taken by the district or campus to
ensure:
(A) a student depicted in a video or image that is
the subject of the investigation:
(i) may continue to access and participate
in district and campus activities and programs to the extent the
student is able; and
(ii) feels safe and accepted while at the
district campus or while attending school-sponsored events;
(B) the safety and security of all students
enrolled at the district campus; and
(C) if the principal or designee determines that
the student did engage in the conduct described by Subsection (b),
that the student receives education regarding the harm caused by
the student's actions.
(j) If the principal or principal's designee makes a final
determination that the conduct described by Subsection (b)
occurred, the principal or designee shall take reasonable action to
address the misconduct and prevent recurrence, including by:
(1) removing the student determined to have engaged in
the misconduct described by Subsection (b) from class and placing
the student in a disciplinary alternative education program as
provided by Section 37.008, if the principal or designee determines
removal is appropriate;
(2) requiring students involved in the misconduct
described by Subsection (b) to attend a prevention and education
program;
(3) instituting an educational program for all campus
students regarding the dangers and harm of misconduct described by
Subsection (b);
(4) continuing investigations to determine if the
student determined to have engaged in the misconduct described by
Subsection (b) has engaged in any new incidents of misconduct
described by that subsection or if a student has become subjected to
retaliatory conduct as a result of the original investigation
conducted under Subsection (b);
(5) establishing or continuing contact with the
parents, guardians, and families of the students involved in the
conduct to help identify issues that may contribute to the behavior
outside of school hours;
(6) increasing staff monitoring in relevant areas of
the campus; or
(7) establishing other evidence-based disciplinary
procedures.
(k) In determining which actions to take under Subsection
(j), the principal or principal's designee must consider:
(1) the impact of the misconduct described by
Subsection (b) on and the objectives of a student appearing in or
depicted by the video or image that is the subject of the
investigation;
(2) the willingness of the student who engaged in the
misconduct described by Subsection (b) to take responsibility for
the student's actions and take action to address the harm caused;
(3) the actions already taken to address the conduct;
(4) the nature, frequency, and seriousness of the
misconduct;
(5) the ages of the students involved in the
misconduct;
(6) any prior similar conduct or other bullying
behavior engaged in by the student who engaged in the misconduct
described by Subsection (b); and
(7) any other factors the principal or designee
determines appropriate or required by school district policy or
other law.
(l) Any disciplinary action taken against a student with a
disability shall comply with Section 37.004, the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794),
and all other relevant state and federal laws.
SECTION 2. This Act applies beginning with the 2025-2026
school year.
SECTION 3. 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, 2025.