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.