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A BILL TO BE ENTITLED
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AN ACT
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relating to certain policies and procedures for the placement and |
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use of video cameras in certain self-contained classrooms or other |
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settings providing special education services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.022, Education Code, is amended by |
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adding Subsections (e-2) and (i-2) and amending Subsections (i), |
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(l), and (t) to read as follows: |
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(e-2) A person authorized to view a video recording under |
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this section is entitled to hear any audio recorded by the video |
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camera, including audio recorded in an area that may not be visually |
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monitored under Subsection (c-1). Audio recorded by a video camera |
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is subject to the same requirements as those applicable to a video |
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recording under this section. |
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(i) A video recording of a student made according to this |
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section is confidential and may not be released or viewed except as |
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provided by this subsection or Subsection (i-1), (i-2), or (j). A |
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school district or open-enrollment charter school shall release a |
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recording for viewing by: |
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(1) an employee who is involved in an alleged incident |
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that is documented by the recording and has been reported to the |
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district or school, on request of the employee; |
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(2) a parent of a student who is involved in an alleged |
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incident that is documented by the recording and has been reported |
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to the district or school, on request of the parent; |
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(3) appropriate Department of Family and Protective |
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Services personnel as part of an investigation under Section |
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261.406, Family Code; |
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(4) a peace officer, a school nurse, a district or |
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school administrator trained in de-escalation and restraint |
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techniques as provided by commissioner rule, or a human resources |
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staff member designated by the board of trustees of the school |
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district or the governing body of the open-enrollment charter |
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school in response to a report of an alleged incident or an |
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investigation of district or school personnel or a report of |
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alleged abuse committed by a student; or |
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(5) appropriate agency or State Board for Educator |
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Certification personnel or agents as part of an investigation. |
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(i-2) For purposes of Subsection (i), a school district or |
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open-enrollment charter school may comply with requirements to |
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release a video recording for viewing by allowing a person |
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authorized under that subsection to view the video recording at a |
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district or school facility. |
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(l) A school district or open-enrollment charter school |
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policy relating to the placement, operation, or maintenance of |
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video cameras under this section must: |
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(1) include information on how a person may appeal an |
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action by the district or school that the person believes to be in |
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violation of this section or a policy adopted in accordance with |
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this section, including the appeals process under Section 7.057; |
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(2) require that the district or school provide a |
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response to a request made under this section not later than the |
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seventh school business day after receipt of the request by the |
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person to whom it must be submitted under Subsection (a-3) that |
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authorizes the request or states the reason for denying the |
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request; |
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(3) except as provided by Subdivision (5), require |
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that a school or a campus begin operation of a video camera in |
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compliance with this section not later than the 45th school |
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business day, or the first school day after the 45th school business |
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day if that day is not a school day, after the request is authorized |
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unless the agency grants an extension of time; |
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(4) permit the parent of a student whose admission, |
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review, and dismissal committee has determined that the student's |
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placement for the following school year will be in a classroom or |
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other special education setting in which a video camera may be |
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placed under this section to make a request for the video camera by |
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the later of: |
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(A) the date on which the current school year |
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ends; or |
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(B) the 10th school business day after the date |
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of the placement determination by the admission, review, and |
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dismissal committee; [and] |
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(5) if a request is made by a parent in compliance with |
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Subdivision (4), unless the agency grants an extension of time, |
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require that a school or campus begin operation of a video camera in |
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compliance with this section not later than the later of: |
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(A) the 10th school day of the fall semester; or |
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(B) the 45th school business day, or the first |
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school day after the 45th school business day if that day is not a |
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school day, after the date the request is made; and |
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(6) include information regarding the procedure for a |
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person authorized by Subsection (i) to request to view a video |
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recording of an alleged incident. |
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(t) A video camera placed under this section is [not] |
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required to be in operation at any [for the] time during which a |
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student is [students are not] present in the classroom or other |
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special education setting, regardless of whether the time is |
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included in the instructional day. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |