| (2) A request for an extension of time to begin the
operation of a video camera shall specify why an extension of time
should be granted. The request shall include affidavits supporting
any factual claims made in the request and reference any legal authority
as to why the request should be granted. The request may include a
request for expedited review. The request shall name the individual
who requested the installation of cameras and provide the individual's
address and telephone number. Immediately following the individual's
address and telephone number there shall appear in bold type: "You
have been identified as the individual who requested the operation
of a video camera that is the subject of this request to the commissioner
of education to extend the statutory timeline. You may, but are not
required to, participate in the proceedings before the commissioner
concerning the school district's request for an extension of time.
It is entirely up to you whether and to what extent you wish to participate
in these proceedings. The procedures governing these proceedings are
found at 19 Texas Administrative Code §103.1303(c) and Texas
Education Code, §29.022."
(3) A request for an extension of time to begin the
operation of a video camera shall list the names, telephone numbers,
and addresses of all interested parties to the request. All interested
parties include all parents of students in the classroom or other
special education setting for which a video camera has been requested
and all staff who provided services in a classroom for which a video
camera has been requested.
(4) All documents in a case shall be filed with the
Division of Hearings and Appeals, Texas Education Agency, 1701 North
Congress Avenue, Austin, Texas 78701, facsimile number (512) 475-3662.
Documents shall be filed electronically as provided on the division's
website or by mail, delivery, or facsimile. All documents must be
actually received by the Division of Hearings and Appeals by the date
specified in this section. The mailbox rule does not apply to filings
in a case filed under this subsection. Electronic filing is strongly
encouraged.
(5) All filings in a case shall be sent to the school
district, the individual who initially requested the installation
of the cameras, and all interested parties who have filed a request
to receive documents filed in the case by the same method as the request
is filed with the commissioner. Due to the requirements of the Family
Educational Rights and Privacy Act of 1974, the names, telephone numbers,
and addresses of parents and other publicly identifiable student information
may not be given to the interested parties. The copies of the filings
sent to interested parties shall be redacted to remove all personally
identifiable student information.
(6) Any response to a request for an extension of time
to begin the operation of a video camera shall be filed with the commissioner
by an interested party within 10 calendar days of the filing of the
request. If no response to the request is timely filed, the commissioner
shall issue a final decision within 20 calendar days of the filing
of the request.
(7) A response to a request for an extension of time
to begin the operation of a video camera shall specify why an extension
of time should or should not be granted. The response shall include
affidavits concerning any factual claims made in the request and reference
any legal authority as to why the request should or should not be
granted. The response may include a request for expedited review.
(8) A request for expedited review must be filed with
the commissioner within 10 calendar days of the filing of the request
for an extension of time to begin the operation of a video camera.
If a request for expedited review is made, all interested parties
shall be notified that they have been identified as interested parties
in the request for an extension of time to begin the operation of
a video camera. In particular, the interested parties will be informed
that it is their choice whether to participate in the proceedings
before the commissioner, that it is entirely up to them to determine
to what extent they wish to participate in the proceedings, that the
procedures governing these proceedings are found in this subsection
and TEC, §29.022, and that upon their written request filed with
the commissioner they will be sent all filings in this case.
(9) If a request for an expedited review is not made,
the commissioner shall issue a final decision within 45 calendar days
of the filing of the request for an extension of time to begin the
operation of a video camera, unless the commissioner determines that
an evidentiary hearing would be helpful in deciding the issues raised.
If the commissioner decides to hold an evidentiary hearing, the commissioner
shall establish the timelines and procedures to be used. Whether to
conduct the hearing by telephone or other electronic methods will
be considered.
(10) If a request for expedited review is made, the
following procedures shall be followed.
(A) Any reply by the school district to any response
to the request shall be filed with the commissioner within 25 calendar
days of the filing of the request for an extension of time to begin
the operation of a video camera.
(B) A preliminary judgment shall be made by the commissioner
within 35 calendar days of the filing of the request for an extension
of time to begin the operation of a video camera.
(C) Any interested party or the school district may
file objections to the preliminary judgment within 40 calendar days
of the filing of the request for an extension of time to begin the
operation of a video camera.
(D) Any reply to an objection to a preliminary judgment
must be filed within 45 calendar days of the filing of a request for
an extension of time to begin the operation of a video camera.
(E) The commissioner shall issue a final decision within
55 calendar days of the filing of the request for an extension of
time to begin the operation of a video camera, unless the commissioner
determines that an evidentiary hearing would be helpful in deciding
the issues raised. If the commissioner decides to hold an evidentiary
hearing, the commissioner shall establish the timelines and procedures
to be used. Whether to conduct the hearing by telephone or other electronic
methods will be considered.
(11) In making either a preliminary judgment or a final
judgment under this subsection, the commissioner will consider whether
granting the requested extension is reasonable considering all factors,
including contracting statutes, architectural and structural issues,
and the difference in costs to the district if a moderate extension
of time is granted.
(12) A commissioner's final decision under this subsection
is not subject to appeal.
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