special education camera recordings kept six months instead of three

The text as introduced · 1,007 words

89R680 ANG-F

By: Thompson
H.B. No. 728

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. This Act applies beginning with the 2025-2026

school year.

SECTION 4. 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.