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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of video cameras in self-contained |
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classrooms 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 26.009(b), Education Code, is amended to |
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read as follows: |
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(b) An employee of a school district is not required to |
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obtain the consent of a child's parent before the employee may make |
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a videotape of a child or authorize the recording of a child's voice |
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if the videotape or voice recording is to be used only for: |
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(1) purposes of safety, including the maintenance of |
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order and discipline in common areas of the school or on school |
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buses; |
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(2) a purpose related to a cocurricular or |
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extracurricular activity; |
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(3) a purpose related to regular classroom |
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instruction; [or] |
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(4) media coverage of the school; or |
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(5) a purpose related to the promotion of student |
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safety under Section 29.022. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.022 to read as follows: |
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Sec. 29.022. VIDEO SURVEILLANCE OF CLASSROOMS. (a) In |
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order to promote student safety on request by a parent, trustee, or |
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staff member, a school district or open-enrollment charter school |
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shall provide equipment, including a video camera, to each school |
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in the district or each charter school campus in which a student |
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receiving special education services in a self-contained classroom |
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is enrolled. Each school or campus that receives equipment shall |
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place and maintain the video camera in a self-contained classroom |
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in which the only students in regular attendance: |
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(1) are eligible to take an alternative assessment |
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instrument under Section 39.023(b) or would be eligible to take an |
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alternative assessment instrument under Section 39.023(b) if the |
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students were enrolled in a grade level for which an assessment |
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instrument required under Section 39.023 is administered; and |
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(2) are nonverbal or have a limited ability to |
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communicate as those terms are defined by the agency. |
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(b) Video cameras placed under this section must be capable |
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of: |
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(1) covering all areas of the classroom, except that a |
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bathroom or any area in the classroom in which a student's clothes |
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are changed may not be monitored; and |
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(2) recording audio from all areas of the classroom |
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covered as required by Subdivision (1). |
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(c) Before a school or campus places a video camera in a |
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classroom under this section, the school or campus shall provide |
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written notice of the placement to the parents of a student |
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receiving special education services in the classroom. For |
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purposes related to this section, but subject to Subsection (d), |
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parental consent is not required. |
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(d) A school district or open-enrollment charter school may |
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not place a video camera in the classroom of a student whose parent |
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sends to the district or school a written objection to the placement |
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of a camera not later than the 30th day after the date on which the |
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district or school sends the notice required under Subsection (c). |
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(e) A school district or open-enrollment charter school |
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shall retain video recorded from a camera placed under this section |
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for at least one year after the date the video was recorded. |
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(f) A school district or open-enrollment charter school may |
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solicit and accept gifts, grants, and donations from any person for |
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use in placing video cameras in classrooms under this section. |
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(g) This section does not: |
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(1) waive any immunity from liability of a school |
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district or open-enrollment charter school, or of district or |
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school officers or employees; or |
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(2) create any liability for a cause of action against |
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a school district or open-enrollment charter school or against |
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district or school officers or employees. |
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(h) A school district or open-enrollment charter school may |
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not: |
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(1) allow regular or continual monitoring of video |
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recorded under this section; or |
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(2) use video recorded under this section for teacher |
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evaluation or for any other purpose other than the promotion of |
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safety of students receiving special education services in a |
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self-contained classroom. |
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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 by |
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appropriate Department of Family and Protective Services personnel |
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as part of an investigation under Section 261.406, Family Code. |
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This subsection does not limit the access of a student's parent to a |
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record regarding the student under the Family Educational Rights |
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and Privacy Act of 1974 (20 U.S.C. Section 1232g) or other law. |
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SECTION 3. This Act applies beginning with the 2016-2017 |
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school year. |
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SECTION 4. 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, 2015. |