Cameras in the Classroom Senate Bill 507l Cameras in the Classroom

What are the facts? In 2015, the Texas Legislature passed Senate Bill (SB) 507 in order to promote student safety. Upon the request of a parent, trustee, or staff member, a district must install one or more video cameras in each self-contained classroom or other special education setting in which a majority of the students in regular attendance are: (1) provided special education and related services; and (2) assigned to a self-contained classroom or other special education setting for a least 50 percent of the instructional day.

Attorney General Opinion A single request triggers a district-wide responsibility to provide surveillance cameras in every qualifying special education setting, in every school in the district The statute does not provide an option for the requestor to pick and choose the setting where surveillance is conducted so the requestor cannot limit his or her request to a single classroom Clarified definition of ‘staff member’ as ANY staff member of a school district The statute does not provide that a district can discontinue surveillance just because the circumstances may have changed with respect to the initial requestor

District Next Steps for Alignment with AG Opinion September-November 2016 Compile self-contained classroom or other special education setting data December-March 2017 Survey of all self-contained classrooms or other special education settings April-May 2017 Request Quotes via an RFP bid process June 2017 Stakeholder Meeting to review bids

Who can request a camera? A parent or staff member, as defined below, or a board trustee may make a request to have cameras installed in the classroom. “Parent" is defined one whose child receives special education and related services for at least 50 percent of the instructional day in the self-contained classroom or other special education setting. Further, a special education student meeting these criteria who is at least 18 years old and is not under a court-ordered guardianship may also make the same request as a parent. "Staff member" means any AISD staff member, regardless of whether he or she actually works in the setting where surveillance is requested. Examples include but are not limited to, teacher, related service provider, paraprofessional or educational aide, cafeteria worker, custodian, and a principal or assistant principal.

To what setting does SB 507 apply? Self-contained classrooms; and certain other special education settings where a majority of the students (at least 51%) receive instruction for at least 50% of school day

How will video recordings in classrooms be used? Once surveillance goes live in a classroom, AISD will record video and audio continuously from 6:00 A.M. through 6:00 P.M. every school day, and During extended school year (ESY) Regular or continual monitoring of video footage is not allowed Recording and monitoring for teacher evaluation or any other purpose other than the promotion of student safety is not allowed.

What will the Video and Audio capture and how long with the footage be retained? Audio and video from all areas of the classroom or setting will be captured. Video will not be captured inside restrooms or changing areas; however, audio inside restrooms and changing areas will be captured. Recordings must be maintained for 6 months, or 180 days. Video and audio recordings will be kept confidential and may not be released or viewed except as explicitly allowed by law.

Who can view a recording? A district employee or a parent/guardian of a student who is involved in an incident that was recorded and for which a complaint has been reported to the district on request of the employee or parent/guardian. CPS personnel as part of an investigation Peace Officer School Nurse District administrator trained in de-escalation and restraint techniques Human Resource staff member designated by the Board of Trustees in response to a complaint or investigation of district personnel or a complaint of abuse committed by a student (under certain circumstances) TEA and SBEC personnel as part of an investigation, and Accused employee who is subject to disciplinary action, upon request

Under what circumstances are recordings released? A recording may be used as part of disciplinary action against the district or school personnel and shall be released at the request of the student’s parent or guardian in a legal proceeding.

What rights does a school employee have to view the recordings and does an employee have a right to receive a copy of the recording? An employee may view the video of an incident to which they are allegedly involved No explicit right to copy of video in SB 507 Possible exception – Discovery in litigation or personnel action Possible exception – PIA request (AG request – FERPA, confidential by other law)

How will staff and parents of children in the classroom be provided notice of surveillance? Written notice to all school staff and the parents of students in the class/setting will be provided by the campus principal at least two weeks prior to installation of surveillance equipment. The district will post a notice at the entrance of the classroom at least two weeks prior to activating the surveillance equipment. See Flowchart- “Written Request for Installing Cameras in the Classroom”

What is an INCIDENT? An Incident means an event or circumstance that: Involves alleged “abuse” or “neglect”; And Allegedly occurred in a self-contained classroom or other special education setting in which video surveillance under TEC 29.022 is conducted.

How will I respond to an incident? See flowchart- “Response to an Alleged Incident of Abuse or Neglect”

Can a parent litigate? TEC 29.022 does not waive immunity TEC 29.022 does not create a cause of action State complaint procedures and due process hearings do not apply to compliance with TEC 29.022. Parents cannot resolve complaints that a district failed to comply with Tex. Educ. Code § 29.022 via a due process action under the IDEA. The proper forum for a complaint is through a district’s local grievance procedures

Questions?