Zaffirini Bill Makes Special Ed Cameras Record Audio Too

The text as introduced · 1,576 words

90R2020 JDK-D

By: Zaffirini
S.B. No. 91

A BILL TO BE ENTITLED

AN ACT

relating to the preservation and release of video and audio

surveillance recordings of special education settings.

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

SECTION 1. The heading to Section 29.022, Education Code,

is amended to read as follows:

Sec. 29.022. VIDEO AND AUDIO SURVEILLANCE OF SPECIAL

EDUCATION SETTINGS.

SECTION 2. Section 29.022, Education Code, is amended by

amending Subsections (c), (e), (e-1), (h), (i), (i-1), (j), (m),

and (r) and adding Subsections (e-2), (i-2), and (i-3) to read as

follows:

(c) Except as provided by Subsection (c-1), video cameras

placed under this section must [ be capable of ]:

(1) be capable of covering all areas of the special

education classroom or other special education setting, including a

room attached to the classroom or setting used for time-out; and

(2) record [ recording ] audio from all areas of the

special education classroom or other special education setting,

including a room attached to the classroom or setting used for

time-out.

(e) Except as provided by Subsections [ Subsection ] (e-1)

and (e-2) , a school district or open-enrollment charter school

shall retain video and audio recorded from a video camera placed

under this section for at least 12 [ three ] months after the date the

video or audio was recorded.

(e-1) If a person described by Subsection (i) requests to

view or listen to a [ video ] recording from a video camera placed

under this section, a school district or open-enrollment charter

school must retain the recording from the date of receipt of the

request until the person has viewed or listened to the recording and

a determination has been made as to whether the recording documents

an alleged incident. If the recording documents an alleged

incident, the district or school shall retain the recording until

the alleged incident has been resolved, including the exhaustion of

all appeals.

(e-2) A school district or open-enrollment charter school

shall retain all available recordings from a video camera placed

under this section of an employee who is involved in an alleged

incident that has been reported to the district or school,

regardless of whether the recording documents the incident, until

the incident has been resolved, including the exhaustion of all

appeals.

(h) A school district or open-enrollment charter school may

not:

(1) allow regular or continual monitoring of video or

audio recorded under this section; or

(2) use video or audio recorded under this section for

teacher evaluation or for any other purpose other than the

promotion of safety of students receiving special education

services in a special education classroom or other special

education setting.

(i) A [ video ] recording of a student made according to this

section is confidential and may not be released , [ or ] viewed , or

listened to except as provided by this subsection or Subsection

(i-1) , (i-2), or (j). A school district or open-enrollment charter

school shall release a recording for viewing or listening by:

(1) an employee who is involved in an alleged incident

that is documented by the recording and has been reported to the

district or school, on request of the employee;

(2) a parent of a student who is involved in an alleged

incident that is documented by the recording and has been reported

to the district or school, on request of the parent;

(3) appropriate Department of Family and Protective

Services personnel as part of an investigation under Section

261.406, Family Code;

(4) a peace officer, a school nurse, a district or

school administrator trained in de-escalation and restraint

techniques as provided by commissioner rule, or a human resources

staff member designated by the board of trustees of the school

district or the governing body of the open-enrollment charter

school in response to a report of an alleged incident or an

investigation of district or school personnel or a report of

alleged abuse committed by a student; or

(5) appropriate agency or State Board for Educator

Certification personnel or agents as part of an investigation.

(i-1) A contractor or employee performing job duties

relating to the installation, operation, or maintenance of video

equipment or the retention of [ video ] recordings under this section

who incidentally views or listens to a [ video ] recording is not in

violation of Subsection (i).

(i-2) A school district or open-enrollment charter school

may not limit the number of times an employee or a parent of a

student who is involved in an alleged incident may view or listen to

a recording from a video camera placed under this section that

documents the incident. The district or school must release a

recording from a video camera placed under this section that

documents an alleged incident for viewing or listening by the

attorney of an employee or a parent of a student who is involved in

the incident not later than one week after receiving a request from

the attorney to view or listen to the recording.

(i-3) A recording released for viewing or listening in

accordance with Subsection (i-2) may be released only in a manner

that complies with the Family Educational Rights and Privacy Act of

1974 (20 U.S.C. Section 1232g), and the school district or

open-enrollment charter school may obscure the face of a student

from the recording as necessary to comply with that Act.

(j) If a person described by Subsection (i)(4) or (5) who

views or listens to the [ video ] recording believes that the

recording documents [ a ] possible abuse or neglect as defined by

Section 261.001 [ violation under Subchapter E, Chapter 261 ], Family

Code, the person shall notify the Department of Family and

Protective Services for investigation in accordance with Section

261.406, Family Code. If any person described by Subsection

(i)(3), (4), or (5) who views or listens to the recording believes

that the recording documents a possible violation of district or

school policy, the person may allow access to the recording to

appropriate legal and human resources personnel. A recording

believed to document a possible violation of district or school

policy relating to the neglect or abuse of a student may be used as

part of a disciplinary action against district or school personnel

and shall be released at the request of the student's parent in a

legal proceeding. This subsection does not limit the access of a

student's parent to a record regarding the student under the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. Section

1232g) or other law.

(m) A school district, parent, staff member, or

administrator may request an expedited review by the agency of the

district's:

(1) denial of a request made under this section;

(2) request for an extension of time to begin

operation of a video camera under Subsection (l)(3) or (5); or

(3) determination to not release a [ video ] recording

to a person described by Subsection (i).

(r) A [ video ] recording under this section is a governmental

record only for purposes of Section 37.10, Penal Code.

SECTION 3. Section 48.160(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 in accordance with the

requirements of Section 37.351, including:

(A) improvements to school infrastructure;

(B) the use or installation of perimeter security

fencing conducive to a public school learning environment or

physical barriers, which may not include razor wire;

(C) interior and exterior door and window safety

and security upgrades, including:

(i) exterior door numbering;

(ii) primary and secondary locking systems;

and

(iii) security film that provides

resistance to a forced entry; and

(D) the purchase and maintenance of:

(i) security cameras and, if the district

has already installed security cameras, other security equipment,

including video and audio surveillance as provided by Section

29.022; and

(ii) technology, including communications

systems or devices, such as silent panic alert devices, two-way

radios, or wireless Internet booster equipment, 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 measures, 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, behavioral interventionists, chaplains, and individuals

trained in restorative discipline and justice or other discipline

management practices;

(ii) providing mental health personnel and

support, including chaplains;

(iii) providing behavioral health

services, including services provided by chaplains;

(iv) establishing threat reporting

systems; and

(v) developing and implementing programs

focused on restorative justice practices, culturally relevant

instruction, and providing mental health support, including

support provided by chaplains;

(4) providing programs related to suicide prevention,

intervention, and postvention, including programs provided by

chaplains; and

(5) employing a school safety director and other

personnel to manage and monitor school safety initiatives and the

implementation of school safety requirements for the district.

SECTION 4. This Act takes effect September 1, 2027.