HB3312 - Relating to the preservation and release of video surveillance recordings of special education settings.

  89R28107 JDK-D     By: Swanson, Buckley, Talarico, Leach, H.B. No. 3312       Leo Wilson     Substitute the following for H.B. No. 3312:     By:  Buckley C.S.H.B. No. 3312       A BILL TO BE ENTITLED   AN ACT   relating to the preservation and release of video surveillance   recordings of special education settings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 29.022, Education Code, is amended by   amending Subsections (e) and (i) and adding Subsections (e-2),   (i-2), and (i-3) to read as follows:          (e)  Except as provided by Subsections [ Subsection ] (e-1)   and (e-2) , a school district or open-enrollment charter school   shall retain video recorded from a video camera placed under this   section for at least 12 [ three ] months after the date the video was   recorded.           (e-2)     A school district or open-enrollment charter school   shall retain all available video recordings of an employee who is   involved in an alleged incident that has been reported to the   district or school, regardless of whether the recording documents   the incident, until the incident has been resolved, including the   exhaustion of all appeals.          (i)  A video recording of a student made according to this   section is confidential and may not be released or viewed except as   provided by this subsection or Subsection (i-1) , (i-2), or (j).  A   school district or open-enrollment charter school shall release a   recording for viewing by:                (1)  an employee who is involved in an alleged incident   that is documented by the recording and has been reported to the   district or school, on request of the employee;                (2)  a parent of a student who is involved in an alleged   incident that is documented by the recording and has been reported   to the district or school, on request of the parent;                (3)  appropriate Department of Family and Protective   Services personnel as part of an investigation under Section   261.406, Family Code;                (4)  a peace officer, a school nurse, a district or   school administrator trained in de-escalation and restraint   techniques as provided by commissioner rule, or a human resources   staff member designated by the board of trustees of the school   district or the governing body of the open-enrollment charter   school in response to a report of an alleged incident or an   investigation of district or school personnel or a report of   alleged abuse committed by a student; or                (5)  appropriate agency or State Board for Educator   Certification personnel or agents as part of an investigation.           (i-2)     A school district or open-enrollment charter school   may not limit the number of times an employee or a parent of a   student who is involved in an alleged incident may view a recording   that documents the incident. The district or school must release a   recording that documents an alleged incident for viewing by the   attorney of an employee or a parent of a student who is involved in   the incident not later than one week after receiving a request from   the attorney to view the recording.           (i-3)     A video recording released for viewing in accordance   with Subsection (i-2) may be released only in a manner that complies   with the Family Educational Rights and Privacy Act of 1974 (20   U.S.C. Section 1232g), and the school district or open-enrollment   charter school may obscure the face of a student from the recording   as necessary to comply with that Act.          SECTION 2.  This Act takes effect September 1, 2025.