HB615 - Relating to policies and procedures regarding a public school student who knowingly produced or distributed certain intimate videos or images depicting another student.

  89R3523 TSS-D     By: González of El Paso H.B. No. 615       A BILL TO BE ENTITLED   AN ACT   relating to policies and procedures regarding a public school   student who knowingly produced or distributed certain intimate   videos or images depicting another student.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.026 to read as follows:           Sec.   37.026.     POLICIES AND PROCEDURES REGARDING STUDENTS WHO   PRODUCE OR DISTRIBUTE CERTAIN INTIMATE VIDEOS OR IMAGES. (a) In   this section:                 (1)     "Deep fake video" has the meaning assigned by   Section 21.165, Penal Code.                 (2)     "Intimate parts" has the meaning assigned by   Section 21.16, Penal Code.                 (3)     "Sexual conduct" has the meaning assigned by   Section 21.16, Penal Code.           (b)     If the principal of a school district campus has reason   to believe that a district student has knowingly produced or   distributed by any means a video or image that depicts or appears to   depict another student enrolled at the same campus with that   student's intimate parts exposed or engaged in sexual conduct,   including a video or image created through the use of artificial   intelligence technology or a deep fake video, the principal shall   initiate an investigation into the alleged misconduct.           (c)  An investigation under Subsection (b) must:                 (1)     be conducted by the principal of the district   campus or the principal's designee; and                 (2)  include documentation regarding:                       (A)  each student or other person interviewed;                       (B)     each item of evidence collected or   considered; and                       (C)     each action taken by the principal or   principal's designee while conducting the investigation.           (d)     Immediately following the initiation of an   investigation under Subsection (b) at a school district campus, the   principal shall designate a campus employee to coordinate the   provision of supportive measures and services to each student   impacted by the alleged misconduct, regardless of whether the   student wishes to participate in the investigation.           (e)     Each school district shall post on the district's   Internet website and provide in writing, at the beginning of each   school year, to each student and student's parent or guardian   information regarding supportive measures and services available   to students impacted by an incident described by Subsection (b).           (f)     Not later than 10 school days after a principal first   has reason to believe a district student engaged in misconduct   described by Subsection (b), the principal or principal's designee   shall complete the investigation and submit to each impacted   student and the student's parent or guardian a written summary of   the principal's or designee's findings. The summary must:                 (1)     comply with federal and state laws relating to the   privacy of student records, including the Family Educational Rights   and Privacy Act of 1974 (20 U.S.C. Section 1232g); and                 (2)  include:                       (A)     a description of the information and evidence   considered during the investigation;                       (B)     a preliminary determination regarding   whether the student engaged in the misconduct described by   Subsection (b); and                       (C)     an explanation of the reasons for the   determination under Paragraph (B).           (g)     The time period prescribed for an investigation under   Subsection (f) may be extended if the principal or the principal's   designee determines that good cause exists for the extension.           (h)     The principal or principal's designee may not make a   final determination regarding whether the student engaged in the   misconduct described by Subsection (b) until the principal or the   principal's designee gives each student, parent, or guardian to   whom the summary was submitted under Subsection (f) an opportunity   to review and respond to the summary.           (i)     The principal or principal's designee shall notify the   parent or guardian of each impacted student regarding:                 (1)     the principal's or designee's final determination;   and                 (2)     the actions taken by the district or campus to   ensure:                       (A)     a student depicted in a video or image that is   the subject of the investigation:                             (i)     may continue to access and participate   in district and campus activities and programs to the extent the   student is able; and                             (ii)     feels safe and accepted while at the   district campus or while attending school-sponsored events;                       (B)     the safety and security of all students   enrolled at the district campus; and                       (C)     if the principal or designee determines that   the student did engage in the conduct described by Subsection (b),   that the student receives education regarding the harm caused by   the student's actions.           (j)     If the principal or principal's designee makes a final   determination that the conduct described by Subsection (b)   occurred, the principal or designee shall take reasonable action to   address the misconduct and prevent recurrence, including by:                 (1)     removing the student determined to have engaged in   the misconduct described by Subsection (b) from class and placing   the student in a disciplinary alternative education program as   provided by Section 37.008, if the principal or designee determines   removal is appropriate;                 (2)     requiring students involved in the misconduct   described by Subsection (b) to attend a prevention and education   program;                 (3)     instituting an educational program for all campus   students regarding the dangers and harm of misconduct described by   Subsection (b);                 (4)     continuing investigations to determine if the   student determined to have engaged in the misconduct described by   Subsection (b) has engaged in any new incidents of misconduct   described by that subsection or if a student has become subjected to   retaliatory conduct as a result of the original investigation   conducted under Subsection (b);                 (5)     establishing or continuing contact with the   parents, guardians, and families of the students involved in the   conduct to help identify issues that may contribute to the behavior   outside of school hours;                 (6)     increasing staff monitoring in relevant areas of   the campus; or                 (7)     establishing other evidence-based disciplinary   procedures.           (k)     In determining which actions to take under Subsection   (j), the principal or principal's designee must consider:                 (1)     the impact of the misconduct described by   Subsection (b) on and the objectives of a student appearing in or   depicted by the video or image that is the subject of the   investigation;                 (2)     the willingness of the student who engaged in the   misconduct described by Subsection (b) to take responsibility for   the student's actions and take action to address the harm caused;                 (3)  the actions already taken to address the conduct;                 (4)     the nature, frequency, and seriousness of the   misconduct;                 (5)     the ages of the students involved in the   misconduct;                 (6)     any prior similar conduct or other bullying   behavior engaged in by the student who engaged in the misconduct   described by Subsection (b); and                 (7)     any other factors the principal or designee   determines appropriate or required by school district policy or   other law.           (l)     Any disciplinary action taken against a student with a   disability shall comply with Section 37.004, the Individuals with   Disabilities Education Act (20 U.S.C. Section 1400 et seq.),   Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794),   and all other relevant state and federal laws.          SECTION 2.  This Act applies beginning with the 2025-2026   school year.          SECTION 3.  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.