88R20268 ANG-F

By: Thompson of Harris H.B. No. 2234

Substitute the following for H.B. No. 2234:

By: Buckley C.S.H.B. No. 2234

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. Section 48.115(b), Education Code, is amended to read as follows:

(b) Funds allocated under this section must be used to improve school safety and security, including costs associated with:

(1) securing school facilities, including:

(A) improvements to school infrastructure;

(B) the use or installation of physical barriers; and

(C) the purchase and maintenance of:

(i) security cameras or other security equipment, including video surveillance as provided by Section 29.022; and

(ii) technology, including communications systems or devices, that facilitates communication and information sharing between students, school personnel, and first responders in an emergency;

(2) providing security for the district, including:

(A) employing school district peace officers, private security officers, and school marshals; and

(B) collaborating with local law enforcement agencies, such as entering into a memorandum of understanding for the assignment of school resource officers to schools in the district;

(3) school safety and security training and planning, including:

(A) active shooter and emergency response training;

(B) prevention and treatment programs relating to addressing adverse childhood experiences; and

(C) the prevention, identification, and management of emergencies and threats, using evidence-based, effective prevention practices and including:

(i) providing licensed counselors, social workers, and individuals trained in restorative discipline and restorative justice practices;

(ii) providing mental health personnel and support;

(iii) providing behavioral health services;

(iv) establishing threat reporting systems; and

(v) developing and implementing programs focused on restorative justice practices, culturally relevant instruction, and providing mental health support; and

(4) providing programs related to suicide prevention, intervention, and postvention.

SECTION 4. This Act applies beginning with the 2023-2024 school year.

SECTION 5. 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, 2023.