HB728 - Relating to certain policies and procedures for the placement and use of video cameras in certain classrooms, including classrooms that provide special education services.

  89R680 ANG-F     By: Thompson H.B. No. 728       A BILL TO BE ENTITLED   AN ACT   relating to certain policies and procedures for the placement and   use of video cameras in certain classrooms, including classrooms   that provide special education services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.0081(c), Education Code, is amended   to read as follows:          (c)  The agency shall produce and provide to school districts   a written explanation of the options and requirements for providing   assistance to students who have learning difficulties or who need   or may need special education.  The explanation must state that a   parent is entitled at any time to request an evaluation of the   parent's child for special education services under Section 29.004   or for aids, accommodations, or services under Section 504,   Rehabilitation Act of 1973 (29 U.S.C. Section 794) and include   information regarding the use of video cameras in certain   classrooms as provided by Section 29.022 .  Each school year, each   district shall provide the written explanation to a parent of each   district student by including the explanation in the student   handbook or by another means.          SECTION 2.  Section 29.022, Education Code, is amended by   amending Subsections (d), (e), and (l) and adding Subsection (l-1)   to read as follows:          (d)  Before a school or campus activates a video camera in a   classroom or other special education setting , including a   self-contained classroom, under this section, the school or campus   shall provide written notice of the placement to all school or   campus staff and to the parents of each student attending class or   engaging in school activities in the classroom or setting. Written   notice required under this section must be provided not later than   the 10th instructional day after the first day the school or campus   activates the video camera.          (e)  Except as provided by Subsection (e-1), a school   district or open-enrollment charter school shall retain video   recorded from a video camera placed under this section for at least   six [ three ] months after the date the video was recorded.          (l)  A school district or open-enrollment charter school   policy relating to the placement, operation, or maintenance of   video cameras under this section must:                (1)  include information on how a person may appeal an   action by the district or school that the person believes to be in   violation of this section or a policy adopted in accordance with   this section, including the appeals process under Section 7.057;                (2)  require that the district or school provide a   response to a request made under this section not later than the   seventh school business day after receipt of the request by the   person to whom it must be submitted under Subsection (a-3) that   authorizes the request or states the reason for denying the   request;                (3)  except as provided by Subdivision (5), require   that a school or a campus begin operation of a video camera in   compliance with this section not later than 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 request is authorized   unless the agency grants an extension of time;                (4)  permit the parent of a student whose admission,   review, and dismissal committee has determined that the student's   placement for the following school year will be in a classroom or   other special education setting in which a video camera may be   placed under this section to make a request for the video camera by   the later of:                      (A)  the date on which the current school year   ends; or                      (B)  the 10th school business day after the date   of the placement determination by the admission, review, and   dismissal committee; [ and ]                (5)  if a request is made by a parent in compliance with   Subdivision (4), unless the agency grants an extension of time,   require that 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 ;                 (6)     require that, not later than the seventh school   business day after a parent requests the district or school to   release a video recording for viewing under Subsection (i)(2), the   district or school:                       (A)  release the recording for viewing; or                       (B)     if the district or school determines that the   district or school is not required to release the recording under   that subsection, provide a written response to the parent that   states the reason the district or school is not required to release   the recording and includes information regarding how the parent may   appeal the action as described by Subdivision (1); and                 (7)     not later than the 10th day of the fall semester,   require the district or school to provide written information   detailing the policy regarding the placement, operation, or   maintenance of any video cameras to the parent of a student who:                       (A)     receives special education services in one or   more self-contained classrooms or other special education settings   in which a majority of the students in regular attendance are   provided special education and related services; or                       (B)     is assigned to one or more self-contained   classrooms or other special education settings for at least 50   percent of the instructional day .           (l-1)  The commissioner shall:                 (1)     develop and post on the agency's Internet website a   model form for school districts and open-enrollment charter schools   to use to notify parents as required by Subsection (l)(7); and                 (2)  review and update the form, as necessary.          SECTION 3.  This Act applies beginning with the 2025-2026   school year.          SECTION 4.  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.