Texas 2025 - 89th Regular

Texas House Bill HB728 Compare Versions

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

Old	New	Differences
1	1	89R680 ANG-F
2	2	By: Thompson H.B. No. 728
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain policies and procedures for the placement and
10	10	use of video cameras in certain classrooms, including classrooms
11	11	that provide special education services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 26.0081(c), Education Code, is amended
14	14	to read as follows:
15	15	(c) The agency shall produce and provide to school districts
16	16	a written explanation of the options and requirements for providing
17	17	assistance to students who have learning difficulties or who need
18	18	or may need special education. The explanation must state that a
19	19	parent is entitled at any time to request an evaluation of the
20	20	parent's child for special education services under Section 29.004
21	21	or for aids, accommodations, or services under Section 504,
22	22	Rehabilitation Act of 1973 (29 U.S.C. Section 794) and include
23	23	information regarding the use of video cameras in certain
24	24	classrooms as provided by Section 29.022. Each school year, each
25	25	district shall provide the written explanation to a parent of each
26	26	district student by including the explanation in the student
27	27	handbook or by another means.
28	28	SECTION 2. Section 29.022, Education Code, is amended by
29	29	amending Subsections (d), (e), and (l) and adding Subsection (l-1)
30	30	to read as follows:
31	31	(d) Before a school or campus activates a video camera in a
32	32	classroom or other special education setting, including a
33	33	self-contained classroom, under this section, the school or campus
34	34	shall provide written notice of the placement to all school or
35	35	campus staff and to the parents of each student attending class or
36	36	engaging in school activities in the classroom or setting. Written
37	37	notice required under this section must be provided not later than
38	38	the 10th instructional day after the first day the school or campus
39	39	activates the video camera.
40	40	(e) Except as provided by Subsection (e-1), a school
41	41	district or open-enrollment charter school shall retain video
42	42	recorded from a video camera placed under this section for at least
43	43	six [three] months after the date the video was recorded.
44	44	(l) A school district or open-enrollment charter school
45	45	policy relating to the placement, operation, or maintenance of
46	46	video cameras under this section must:
47	47	(1) include information on how a person may appeal an
48	48	action by the district or school that the person believes to be in
49	49	violation of this section or a policy adopted in accordance with
50	50	this section, including the appeals process under Section 7.057;
51	51	(2) require that the district or school provide a
52	52	response to a request made under this section not later than the
53	53	seventh school business day after receipt of the request by the
54	54	person to whom it must be submitted under Subsection (a-3) that
55	55	authorizes the request or states the reason for denying the
56	56	request;
57	57	(3) except as provided by Subdivision (5), require
58	58	that a school or a campus begin operation of a video camera in
59	59	compliance with this section not later than the 45th school
60	60	business day, or the first school day after the 45th school business
61	61	day if that day is not a school day, after the request is authorized
62	62	unless the agency grants an extension of time;
63	63	(4) permit the parent of a student whose admission,
64	64	review, and dismissal committee has determined that the student's
65	65	placement for the following school year will be in a classroom or
66	66	other special education setting in which a video camera may be
67	67	placed under this section to make a request for the video camera by
68	68	the later of:
69	69	(A) the date on which the current school year
70	70	ends; or
71	71	(B) the 10th school business day after the date
72	72	of the placement determination by the admission, review, and
73	73	dismissal committee; [and]
74	74	(5) if a request is made by a parent in compliance with
75	75	Subdivision (4), unless the agency grants an extension of time,
76	76	require that a school or campus begin operation of a video camera in
77	77	compliance with this section not later than the later of:
78	78	(A) the 10th school day of the fall semester; or
79	79	(B) the 45th school business day, or the first
80	80	school day after the 45th school business day if that day is not a
81	81	school day, after the date the request is made;
82	82	(6) require that, not later than the seventh school
83	83	business day after a parent requests the district or school to
84	84	release a video recording for viewing under Subsection (i)(2), the
85	85	district or school:
86	86	(A) release the recording for viewing; or
87	87	(B) if the district or school determines that the
88	88	district or school is not required to release the recording under
89	89	that subsection, provide a written response to the parent that
90	90	states the reason the district or school is not required to release
91	91	the recording and includes information regarding how the parent may
92	92	appeal the action as described by Subdivision (1); and
93	93	(7) not later than the 10th day of the fall semester,
94	94	require the district or school to provide written information
95	95	detailing the policy regarding the placement, operation, or
96	96	maintenance of any video cameras to the parent of a student who:
97	97	(A) receives special education services in one or
98	98	more self-contained classrooms or other special education settings
99	99	in which a majority of the students in regular attendance are
100	100	provided special education and related services; or
101	101	(B) is assigned to one or more self-contained
102	102	classrooms or other special education settings for at least 50
103	103	percent of the instructional day.
104	104	(l-1) The commissioner shall:
105	105	(1) develop and post on the agency's Internet website a
106	106	model form for school districts and open-enrollment charter schools
107	107	to use to notify parents as required by Subsection (l)(7); and
108	108	(2) review and update the form, as necessary.
109	109	SECTION 3. This Act applies beginning with the 2025-2026
110	110	school year.
111	111	SECTION 4. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2025.