principals must investigate student deepfakes within 10 school days

The text as introduced · 1,184 words

89R3523 TSS-D

By: González of El Paso
H.B. No. 615

A BILL TO BE ENTITLED

AN ACT

relating to policies and procedures regarding a public school

student who knowingly produced or distributed certain intimate

videos or images depicting another student.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.026 to read as follows:

Sec. 37.026. POLICIES AND PROCEDURES REGARDING STUDENTS WHO

PRODUCE OR DISTRIBUTE CERTAIN INTIMATE VIDEOS OR IMAGES. (a) In

this section:

(1) "Deep fake video" has the meaning assigned by

Section 21.165, Penal Code.

(2) "Intimate parts" has the meaning assigned by

Section 21.16, Penal Code.

(3) "Sexual conduct" has the meaning assigned by

Section 21.16, Penal Code.

(b) If the principal of a school district campus has reason

to believe that a district student has knowingly produced or

distributed by any means a video or image that depicts or appears to

depict another student enrolled at the same campus with that

student's intimate parts exposed or engaged in sexual conduct,

including a video or image created through the use of artificial

intelligence technology or a deep fake video, the principal shall

initiate an investigation into the alleged misconduct.

(c) An investigation under Subsection (b) must:

(1) be conducted by the principal of the district

campus or the principal's designee; and

(2) include documentation regarding:

(A) each student or other person interviewed;

(B) each item of evidence collected or

considered; and

(C) each action taken by the principal or

principal's designee while conducting the investigation.

(d) Immediately following the initiation of an

investigation under Subsection (b) at a school district campus, the

principal shall designate a campus employee to coordinate the

provision of supportive measures and services to each student

impacted by the alleged misconduct, regardless of whether the

student wishes to participate in the investigation.

(e) Each school district shall post on the district's

Internet website and provide in writing, at the beginning of each

school year, to each student and student's parent or guardian

information regarding supportive measures and services available

to students impacted by an incident described by Subsection (b).

(f) Not later than 10 school days after a principal first

has reason to believe a district student engaged in misconduct

described by Subsection (b), the principal or principal's designee

shall complete the investigation and submit to each impacted

student and the student's parent or guardian a written summary of

the principal's or designee's findings. The summary must:

(1) comply with federal and state laws relating to the

privacy of student records, including the Family Educational Rights

and Privacy Act of 1974 (20 U.S.C. Section 1232g); and

(2) include:

(A) a description of the information and evidence

considered during the investigation;

(B) a preliminary determination regarding

whether the student engaged in the misconduct described by

Subsection (b); and

(C) an explanation of the reasons for the

determination under Paragraph (B).

(g) The time period prescribed for an investigation under

Subsection (f) may be extended if the principal or the principal's

designee determines that good cause exists for the extension.

(h) The principal or principal's designee may not make a

final determination regarding whether the student engaged in the

misconduct described by Subsection (b) until the principal or the

principal's designee gives each student, parent, or guardian to

whom the summary was submitted under Subsection (f) an opportunity

to review and respond to the summary.

(i) The principal or principal's designee shall notify the

parent or guardian of each impacted student regarding:

(1) the principal's or designee's final determination;

and

(2) the actions taken by the district or campus to

ensure:

(A) a student depicted in a video or image that is

the subject of the investigation:

(i) may continue to access and participate

in district and campus activities and programs to the extent the

student is able; and

(ii) feels safe and accepted while at the

district campus or while attending school-sponsored events;

(B) the safety and security of all students

enrolled at the district campus; and

(C) if the principal or designee determines that

the student did engage in the conduct described by Subsection (b),

that the student receives education regarding the harm caused by

the student's actions.

(j) If the principal or principal's designee makes a final

determination that the conduct described by Subsection (b)

occurred, the principal or designee shall take reasonable action to

address the misconduct and prevent recurrence, including by:

(1) removing the student determined to have engaged in

the misconduct described by Subsection (b) from class and placing

the student in a disciplinary alternative education program as

provided by Section 37.008, if the principal or designee determines

removal is appropriate;

(2) requiring students involved in the misconduct

described by Subsection (b) to attend a prevention and education

program;

(3) instituting an educational program for all campus

students regarding the dangers and harm of misconduct described by

Subsection (b);

(4) continuing investigations to determine if the

student determined to have engaged in the misconduct described by

Subsection (b) has engaged in any new incidents of misconduct

described by that subsection or if a student has become subjected to

retaliatory conduct as a result of the original investigation

conducted under Subsection (b);

(5) establishing or continuing contact with the

parents, guardians, and families of the students involved in the

conduct to help identify issues that may contribute to the behavior

outside of school hours;

(6) increasing staff monitoring in relevant areas of

the campus; or

(7) establishing other evidence-based disciplinary

procedures.

(k) In determining which actions to take under Subsection

(j), the principal or principal's designee must consider:

(1) the impact of the misconduct described by

Subsection (b) on and the objectives of a student appearing in or

depicted by the video or image that is the subject of the

investigation;

(2) the willingness of the student who engaged in the

misconduct described by Subsection (b) to take responsibility for

the student's actions and take action to address the harm caused;

(3) the actions already taken to address the conduct;

(4) the nature, frequency, and seriousness of the

misconduct;

(5) the ages of the students involved in the

misconduct;

(6) any prior similar conduct or other bullying

behavior engaged in by the student who engaged in the misconduct

described by Subsection (b); and

(7) any other factors the principal or designee

determines appropriate or required by school district policy or

other law.

(l) Any disciplinary action taken against a student with a

disability shall comply with Section 37.004, the Individuals with

Disabilities Education Act (20 U.S.C. Section 1400 et seq.),

Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794),

and all other relevant state and federal laws.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. 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, 2025.