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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement and use of video cameras in certain |
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self-contained classrooms or other settings providing special |
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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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amending Subsections (a), (b), (c), (d), (i), and (j) and adding |
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Subsections (a-1), (a-2), (a-3), (c-1), (i-1), (l), and (m) to read |
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as follows: |
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(a) In order to promote student safety, on receipt of a |
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written request authorized under Subsection (a-1) [by a parent,
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trustee, or staff member], a school district or open-enrollment |
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charter school shall provide equipment, including a video camera, |
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to the [each] school or schools in the district or the [each] |
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charter school campus or campuses specified in the request [in
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which a student who receives special education services in a
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self-contained classroom or other special education setting is
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enrolled]. A [Each] school or campus that receives equipment as |
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provided by this subsection shall place, operate, and maintain one |
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or more video cameras in [each] self-contained classrooms and |
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[classroom or] other special education settings [setting] in which |
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a majority of the students in regular attendance are[:
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[(1)] provided special education and related |
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services[;] and are |
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[(2)] assigned to one or more [a] self-contained |
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classrooms [classroom] or other special education settings |
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[setting] for at least 50 percent of the instructional day, |
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provided that: |
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(1) a school or campus that receives equipment as a |
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result of the request by a parent or staff member is required to |
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place equipment only in classrooms or settings in which the |
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parent's child is in regular attendance or to which the staff member |
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is assigned, as applicable; and |
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(2) a school or campus that receives equipment as a |
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result of the request by a board of trustees, governing body, |
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principal, or assistant principal is required to place equipment |
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only in classrooms or settings identified by the requestor, if the |
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requestor limits the request to specific classrooms or settings |
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subject to this subsection. |
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(a-1) For purposes of Subsection (a): |
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(1) a parent of a child who receives special education |
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services in one or more self-contained classrooms or other special |
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education settings may request in writing that equipment be |
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provided to the school or campus at which the child receives those |
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services; |
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(2) a board of trustees or governing body may request |
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in writing that equipment be provided to one or more specified |
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schools or campuses at which one or more children receive special |
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education services in self-contained classrooms or other special |
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education settings; |
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(3) the principal or assistant principal of a school |
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or campus at which one or more children receive special education |
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services in self-contained classrooms or other special education |
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settings may request that equipment be provided to the principal's |
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or assistant principal's school or campus; and |
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(4) a staff member assigned to work with one or more |
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children receiving special education services in self-contained |
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classrooms or other special education settings may request in |
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writing that equipment be provided to the school or campus at which |
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the staff member works. |
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(a-2) Each school district or open-enrollment charter |
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school shall designate an administrator at the primary |
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administrative office of the district or school with responsibility |
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for coordinating the provision of equipment to schools and campuses |
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in compliance with this section. |
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(a-3) A written request must be submitted and acted on as |
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follows: |
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(1) a parent, staff member, or assistant principal |
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must submit a request to the principal or the principal's designee |
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of the school or campus addressed in the request, and the principal |
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or designee must provide a copy of the request to the administrator |
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designated under Subsection (a-2); |
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(2) a principal must submit a request by the principal |
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to the administrator designated under Subsection (a-2); and |
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(3) a board of trustees or governing body must submit a |
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request to the administrator designated under Subsection (a-2), and |
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the administrator must provide a copy of the request to the |
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principal or the principal's designee of the school or campus |
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addressed in the request. |
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(b) A school or campus that places a video camera in a |
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classroom or other special education setting in accordance with |
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Subsection (a) shall operate and maintain the camera in the |
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classroom or setting, as long as the classroom or setting continues |
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to satisfy the requirements under Subsection (a), for the remainder |
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of the school year in which the school or campus received the |
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request, unless the requestor withdraws the request in writing. At |
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the end of each school year, the school or campus must notify the |
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parents of each student in regular attendance in the classroom or |
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setting that operation of the video camera will not continue during |
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the following school year unless a person who is eligible to make a |
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request for the next school year under Subsection (a-1) submits a |
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new request. |
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(c) Except as provided by Subsection (c-1), video [Video] |
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cameras placed under this section must be capable of: |
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(1) covering all areas of the classroom or other |
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special education setting, including a room attached to the |
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classroom or setting used for time-out [except that the inside of a
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bathroom or any area in the classroom or setting in which a
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student's clothes are changed may not be visually monitored]; and |
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(2) recording audio from all areas of the classroom or |
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other special education setting, including a room attached to the |
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classroom or setting used for time-out. |
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(c-1) The inside of a bathroom or any area in the classroom |
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or setting in which a student's clothes are changed may not be |
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visually monitored, except for incidental coverage of a minor |
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portion of a bathroom or changing area because of the layout of the |
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classroom or setting. |
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(d) Before a school or campus activates [places] a video |
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camera in a classroom or other special education setting under this |
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section, the school or campus shall provide written notice of the |
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placement to all school or campus staff and to the parents of each |
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[a] student attending class or engaging in school activities |
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[receiving special education services] in the classroom or setting. |
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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) or (j). A school |
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district or open-enrollment charter school shall release a |
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recording for viewing by: |
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(1) an [a school district] employee [or a parent or
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guardian of a student] who is involved in an alleged incident that |
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is documented by the recording and [for which a complaint] has been |
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reported to the district or school, on request of the employee [,
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parent, or guardian, respectively]; |
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(2) a parent or guardian of a student who is involved |
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in an alleged incident that is documented by the recording and has |
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been reported to the district or school, on request of the parent or |
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guardian; |
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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) [(3)] a peace officer, a school nurse, a district |
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or 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 [complaint] or |
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an investigation of district or school personnel or a report |
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[complaint] of alleged abuse committed by a student; or |
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(5) [(4)] appropriate agency or State Board for |
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Educator Certification personnel or agents as part of an |
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investigation. |
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(i-1) A contractor or employee performing job duties |
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relating to the installation, operation, or maintenance of video |
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equipment or the retention of video recordings who incidentally |
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views a video recording is not in violation of Subsection (i). |
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(j) If a person described by Subsection (i)(4) [(i)(3)] or |
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(5) [(4)] who views the video recording believes that the recording |
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documents a possible violation under Subchapter E, Chapter 261, |
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Family Code, the person shall notify the Department of Family and |
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Protective Services for investigation in accordance with Section |
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261.406, Family Code. If any person described by Subsection (i)(3) |
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[(i)(2)], [(3), or] (4), or (5) who views the recording believes |
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that the recording documents a possible violation of district |
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policy or school procedures [policy], the person may allow access |
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to the recording to appropriate legal and human resources |
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personnel. A recording believed to document a possible violation |
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of district policy or school procedures [policy] may be used as part |
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of a disciplinary action against district or school personnel and |
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shall be released at the request of the student's parent or guardian |
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in a legal proceeding. This subsection does not limit the access |
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of a student's parent to a record regarding the student under the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g) or other law. |
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(l) A district policy or school procedure relating to the |
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placement, operation, or maintenance of video cameras under this |
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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, including the appeals process under |
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Section 7.057; |
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(2) require that a school district or open-enrollment |
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charter school provide a response to a request made under this |
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section not later than the seventh school day after receipt of the |
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request by the person to whom it must be submitted under Subsection |
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(a-3) that authorizes the request or states the reason for denying |
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the request; and |
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(3) require that a school or a campus begin operation |
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of a video camera in compliance with this section not later than the |
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45th calendar day after the request is authorized. |
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(m) In this section: |
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(1) "Staff member" means a teacher, related service |
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provider, paraprofessional, counselor, or educational aide |
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assigned to work in a self-contained classroom or other special |
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education setting. |
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(2) "Time-out" has the meaning assigned by Section |
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37.0021. |
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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, 2017. |