| (2) appropriate Texas Department of Family and Protective
Services personnel as part of an investigation under Texas Family
Code, §261.406;
(3) a peace officer, school nurse, or administrator
of a school district, charter school, or school trained in de-escalation
and restraint techniques as provided by commissioner rule, or a human
resources staff member designated by the school district's board of
trustees or open-enrollment charter school's governing body in response
to a report or an investigation of an incident described in subsection
(b)(8) of this section; or
(4) appropriate TEA or State Board for Educator Certification
personnel or agents as part of an investigation.
(i) Exception to restrictions on viewing. A contractor
or employee performing job duties relating to the installation, operation,
or maintenance of video equipment or the retention of video recordings
who incidentally views a video recording does not violate subsection
(h) of this section.
(j) Child abuse and neglect reporting. If a person
described in subsection (h)(3) or (4) of this section views a video
recording and has cause to believe that the recording documents possible
abuse or neglect of a child under Texas Family Code, Chapter 261,
the person must submit a report to the Texas Department of Family
and Protective Services or other authority in accordance with the
local policy adopted under §61.1051 of this title (relating to
Reporting Child Abuse and Neglect) and Texas Family Code, Chapter
261.
(k) Disciplinary actions and legal proceedings. If
a person described in subsection (h)(2), (3), or (4) of this section
views a video recording and believes that it documents a possible
violation of school district, open-enrollment charter school, or campus
policy, the person may allow access to the recording to appropriate
legal and human resources personnel of the district or charter school
to the extent not limited by FERPA or other law. A recording believed
to document a possible violation of school district, open-enrollment
charter school, or campus policy relating to the neglect or abuse
of a student may be used in a disciplinary action against district
or charter school personnel and must be released in a legal proceeding
at the request of a parent of the student involved in the incident
documented by the recording. A recording believed to document a possible
violation of school district, open-enrollment charter school, or campus
policy relating to the neglect or abuse of a student must be released
for viewing by the district or charter school employee who is the
subject of the disciplinary action at the request of the employee.
(l) Access rights. Subsections (j) and (k) of this
section do not limit the access of a student's parent to an educational
record of the student under FERPA or other law. To the extent any
provisions in TEC, §29.022, and this section conflict with FERPA
or other federal law, federal law prevails.
|
| Source Note: The provisions of this §103.1301 adopted to be effective August 15, 2016, 41 TexReg 6017; amended to be effective March 15, 2017, 42 TexReg 1122; amended to be effective January 31, 2019, 44 TexReg 417 |
