89R680 ANG-F
By: Thompson H.B. No. 728
A BILL TO BE ENTITLED
AN ACT
relating to certain policies and procedures for the placement and
use of video cameras in certain classrooms, including classrooms
that provide special education services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.0081(c), Education Code, is amended
to read as follows:
(c) The agency shall produce and provide to school districts
a written explanation of the options and requirements for providing
assistance to students who have learning difficulties or who need
or may need special education. The explanation must state that a
parent is entitled at any time to request an evaluation of the
parent's child for special education services under Section 29.004
or for aids, accommodations, or services under Section 504,
Rehabilitation Act of 1973 (29 U.S.C. Section 794) and include
information regarding the use of video cameras in certain
classrooms as provided by Section 29.022. Each school year, each
district shall provide the written explanation to a parent of each
district student by including the explanation in the student
handbook or by another means.
SECTION 2. Section 29.022, Education Code, is amended by
amending Subsections (d), (e), and (l) and adding Subsection (l-1)
to read as follows:
(d) Before a school or campus activates a video camera in a
classroom or other special education setting, including a
self-contained classroom, under this section, the school or campus
shall provide written notice of the placement to all school or
campus staff and to the parents of each student attending class or
engaging in school activities in the classroom or setting. Written
notice required under this section must be provided not later than
the 10th instructional day after the first day the school or campus
activates the video camera.
(e) Except as provided by Subsection (e-1), a school
district or open-enrollment charter school shall retain video
recorded from a video camera placed under this section for at least
six [three] months after the date the video was recorded.
(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;
(6) require that, not later than the seventh school
business day after a parent requests the district or school to
release a video recording for viewing under Subsection (i)(2), the
district or school:
(A) release the recording for viewing; or
(B) if the district or school determines that the
district or school is not required to release the recording under
that subsection, provide a written response to the parent that
states the reason the district or school is not required to release
the recording and includes information regarding how the parent may
appeal the action as described by Subdivision (1); and
(7) not later than the 10th day of the fall semester,
require the district or school to provide written information
detailing the policy regarding the placement, operation, or
maintenance of any video cameras to the parent of a student who:
(A) receives special education services in one or
more self-contained classrooms or other special education settings
in which a majority of the students in regular attendance are
provided special education and related services; or
(B) is assigned to one or more self-contained
classrooms or other special education settings for at least 50
percent of the instructional day.
(l-1) The commissioner shall:
(1) develop and post on the agency's Internet website a
model form for school districts and open-enrollment charter schools
to use to notify parents as required by Subsection (l)(7); and
(2) review and update the form, as necessary.
SECTION 3. This Act applies beginning with the 2025-2026
school year.
SECTION 4. 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.