| (B) the 10th school business day after the date of
the placement determination by the admission, review, and dismissal
committee;
(6) a requirement that, if a request is made by a parent
in compliance with paragraph (5) of this subsection, unless the TEA
grants an extension of time, 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;
(7) the procedures for requesting video surveillance
and the procedures for responding to a request for video surveillance;
(8) the procedures for providing advanced written notice
to the campus staff and the parents of the students assigned to a
self-contained classroom or other special education setting that video
and audio surveillance will be conducted or cease in the classroom
or setting, including procedures for notice, in compliance with TEC, §29.022(b),
of the opportunity to request continued video and audio surveillance
if video and audio surveillance will otherwise cease;
(9) a requirement that video cameras be operated at
all times during the instructional day when one or more students are
present in a self-contained classroom or other special education setting
in which video cameras are placed;
(10) a statement regarding the personnel who will have
access to video equipment or video recordings for purposes of operating
and maintaining the equipment or recordings;
(11) a requirement that a campus continue to operate
and maintain any video camera placed in a self-contained classroom
or other special education setting for as long as the classroom or
setting continues to satisfy the requirements in TEC, §29.022(a),
for the remainder of the school year in which the school or campus
received the request, unless the requestor withdraws the request in
writing;
(12) a requirement that video cameras placed in a self-contained
classroom or other special education setting be capable of recording
video and audio of all areas of the classroom or setting, except that
no visual monitoring of bathrooms and areas in which a student's clothes
are changed may occur. Incidental visual coverage of the inside of
a bathroom or any area of the classroom or other special education
setting in which a student's clothes are changed is permitted only
to the extent that such coverage is the result of the layout of the
classroom or setting. Audio recording of the inside of a bathroom
or any area of the classroom or other special education setting in
which a student's clothes are changed is required;
(13) a statement that video recordings must be retained
for at least three months after the date the video was recorded and
that video recordings will be maintained in accordance with the requirements
of TEC, §29.022(e-1), when applicable;
(14) a statement that the regular or continual monitoring
of video is prohibited and that video recordings must not be used
for teacher evaluation or monitoring or for any purpose other than
the promotion of student safety;
(15) at the school district's or open-enrollment charter
school's discretion, a requirement that campuses post a notice at
the entrance of any self-contained classroom or other special education
setting in which video cameras are placed stating that video and audio
surveillance are conducted in the classroom or setting;
(16) the procedures for reporting an allegation to
the school district, charter school, or school that an incident occurred
in a self-contained classroom or other special education setting in
which video surveillance under TEC, §29.022, and this section
is conducted;
(17) the local grievance procedures for filing a complaint
alleging violations of TEC, §29.022, and/or this section; and
(18) a statement that video recordings made under TEC, §29.022,
and this section are confidential and a description of the limited
circumstances under which the recordings may be viewed.
(h) Confidentiality of video recordings. A video recording
made under TEC, §29.022, and this section is confidential and
may only be released and/or viewed by the following individuals, to
the extent permitted or required by TEC, §29.022(i), and to the
extent not limited by the Family Educational Rights and Privacy Act
of 1974 (FERPA) or other law:
(1) a staff member or a parent of a student involved
in an incident described in subsection (b)(8) of this section that
is documented by a video recording for which an incident has been
reported to the district, charter school, or school;
(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.
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