What's Required
Senate Bill 507:
According to Senate Bill 507, school districts and charter schools must, upon request, provide video surveillance equipment and operate the equipment in self-contained classrooms or other special education settings. Board Policy EHBAF (Legal) and EHBAF (Local) has been approved.
Beginning with the 2016-2017 school year, in order to promote student safety in certain self-contained classrooms and other special education settings, on request by a parent, trustee, or staff member, a school district or open-enrollment charter school must provide video equipment on campuses in accordance with Texas Education Code (TEC) 29.022. Campuses that receive video surveillance must place, operate, and maintain the video and audio equipment in self-contained classrooms or other special education settings in accordance with TEC 29.022. No video surveillance may be conducted of the inside of a bathroom or other area used for toileting or diapering a student or removing or changing a student’s clothes.
DEFINITIONS:
Parent - parent means a person described in TEC 26.002 whose child receives special education and related services for at least 50 percent of the instructional day in a self-contained classroom or other special education setting or a student who receives special education and related services for at least 50 percent of the instructional day and is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Texas Family Code, Chapter 31, unless the student has been determined to be incompetent or the student's rights have been otherwise restricted by a court order.
Staff Member - staff member means a teacher, related service provider, paraprofessional, or educational aide who is a full time employee of the district and who is assigned to work in a self- contained classroom or other special education setting.
In Regular Attendance - to be in regular attendance means that a student is regularly scheduled into a particular room as part of his or her IEP and placement.
Incident - an incident is an event or circumstance that involves alleged "abuse" or "neglect", as those terms are describe in the Texas Family Code, § 261.001, of a student by an employee of the district, or alleged "physical abuse" or "sexual abuse", as those terms are described in the Texas Family Code, § 261.410, of a student by another student, that allegedly occurred in a self-contained classroom or other special education setting in which video surveillance under TEC29.022 is conducted.
Instructional Day- instructional day means the time set by the district for the beginning and ending of the instructional school day for the campus
Special Education Self-Contained Classroom - special education self-contained classroom means a classroom on a regular school campus (i.e., a campus that serves students in general education and students in special education) in which the majority of students in regular attendance are provided special education and related services and have one of the following instructional arrangements/settings described in the Student Attendance Accounting Handbook (SAAH) adopted under 129.1025
- Self-contained (mild/moderate/severe) regular campus
- Full-time early childhood (preschool program for children with disabilities) special education setting
- Residential care and treatment facility - self-contained (mild/moderate/severe) regular campus
- Residential care and treatment facility - full-time early childhood special education setting
- Off home campus – full-time early childhood special education setting
- Off home campus - self-contained (mid/moderate/severe) regular campus; or
- Other special education setting means a classroom on a separate campus (i.e., a campus that serves only students who receive special education and related services) of a school district in which the majority of the students in regular attendance are provided special education and related services and have one of the following instructional arrangements/settings described in the student attendance and accounting handbook adopted under 129.1025
- Residential care and treatment facility - separate campus
- Off home campus - separate campus
What We Do
PROCEDURES FOR PLACEMENT OF VIDEO SURVEILLANCE:
In order to promote
the safety of students receiving
special education services in certain self- contained classrooms and other special education settings, Spring I.S.D. will place video
surveillance with audio capability in one of the above settings upon written request of a Parent,
Trustee, or Staff Member.
PROCEDURES FOR REQUEST
FOR VIDEO SURVEILLANCE IN A SPECIAL EDUCATION SETTING:
- A Parent, as that term is defined in these procedures, may
request video surveillance be placed in a self-contained classroom
in which his or her child with a disability is in regular attendance.
- A Staff Member, as that term is defined in these procedures, may request video surveillance be placed in a self-contained classroom where he or she provides services to students with disabilities.
A request for video surveillance is applicable only to the school year in
which it is requested.
The video surveillance equipment will be operated
during the school year
and during extended school year services provided for that student as long as the self-contained classroom meets the requirements of TEC 29.022. If a student for whom
the video surveillance equipment was requested by a Parent is no longer in regular attendance in the classroom
or the Staff Member
who requested video surveillance no longer provides
services in the classroom, video
recording may be stopped unless a
separate request for video
surveillance monitoring is in effect.
Before a camera is deactivated, advance written notice will be provided to staff on the campus and to parents of the students assigned to or engaging in school activities in the classroom that video and audio surveillance will be discontinued in the classroom and of the opportunity to request continued video and audio surveillance. Video surveillance monitoring may
be requested during extended school year services.
PROCEDURES FOR PLACEMENT OF VIDEO SURVEILLANCE EQUIPMENT AND WRITTEN
NOTICE TO PARENTS AND STAFF: a. Office of Chief of Staff
b. Office of Chief of School Leadership and Student Support Services
c. Office of Chief of Operations
e. Chief Human Resources Officer
3.The Executive Director of Special Education or Special Education Administrative Designee will notify the campus administrator and the requestor of the district’s response to the request using the Response to Video Surveillance Request in a Special Education Self Contained Classroom.
5. The technology department will coordinate the installation of cameras in order to ensure the requested cameras are operational within 45 school business days of the originating request.
6. At least five school days before the video surveillance equipment is operational, the Video Surveillance Sign notifying staff and parents that the classroom is being video/audio taped will be posted on the classroom door and will remain posted until the video/audio taping has been discontinued.
NOTIFICATION TO REQUESTOR OF RECEIPT
OF REQUEST:
The Executive Director
for Special Education will notify the Parent or Staff Member in writing that the request has been received. The notice shall include:
- Date the request was received by the campus
designated administrator;
- Whether the classroom for
which the request was made is one in which video surveillance
monitoring can be placed;
- all areas in the
classroom except the inside of
restrooms or any place where students
are changed or they are diapered;
- Notice that the video
cameras
will be in operation at all times during the instructional
day when students are being instructed in the
self-contained classroom or other
special education setting
- That the parent will be notified when the video surveillance has been installed and operational
STEPS FOR PLACEMENT OF
VIDEO SURVEILLANCE EQUIPMENT: - The Executive Director for Special Education designee will submit a request to the Chief of Operations following a request for placement of video surveillance equipment in a classroom that meets the requirements.
- Upon receipt of the request, the Operations Department will install the video surveillance equipment within a reasonable period of time unless circumstances require additional time to install the equipment.
PROCEDURES FOR PROVIDING ADVANCED WRITTEN NOTICE TO
PARENTS AND SCHOOL STAFF:
At least five school days prior to placing video surveillance
equipment in any of the above described classrooms, written notice will be provided to the parents of all students in the classroom and all school staff. The
notice will specify that the video cameras will be capable
of recording video and audio in all
areas of the classroom, except that no video may be conducted
of the inside of a bathroom
or other area used for toileting or diapering a student, or removing
or changing a student's clothes. Parental consent for placement of the video surveillance equipment
is not required.
PROCEDURES VIDEO STORAGE AND MONITORING:
Once the video surveillance equipment is placed in
the classroom, video recordings
will be retained for at least three months after the date the video was recorded. Regular or continual
monitoring of the video is prohibited and the video recordings shall not be
used for routine teacher evaluation, monitoring of teacher or for any purpose other than the promotion of student
safety. The video recording is confidential and may not be released
or
viewed except in limited circumstance.
Personnel who will have
access to video equipment or video recordings for purposes of operating and
maintaining the equipment or recordings shall include the Officer of Technology and designees, the campus administrator and
designees, the Executive Director of Special Education and Special Education
Managers, the Chief Officer of Human
Resources or designee and the Chief of Police and/or designee.
PROCEDURES FOR MAKING A COMPLAINT OF AN INCIDENT:
A video recording will be released
for viewing in response to a written complaint of an incident
as that term
is defined in these procedures. The written complaint of an incident must include, to the extent known:
- The name of the student
- The date,
location, and time of the incident
- The name of the staff member or other
student involved in the incident
- A description of
the incident alleged to have occurred
- The name of the person making the complaint and his/her relationship to the student
A written complaint regarding
an incident should
be made
as soon as possible after being notified of the incident. The
person making the complaint will be asked
to complete the Complaint Form. If the person
refuses or is unable to complete the Complaint Form, the designated campus administrator
will complete the form with
the information provided.
PROCEDURES FOR CONFIDENTIALITY:
A video recording of a student is confidential and may not be viewed except in response to a
written complaint to the district of an incident documented by the recording, or as permitted by
the below procedures.
ADDITIONAL CIRCUMSTANCES FOR VIEWING
VIDEO RECORDING:
- A video recording may
be released for viewing in other limited circumstances:
- By an appropriate Texas Department of Family and Protective Services personnel as part of an investigation under the Texas Family Code;
- By an appropriate SBEC personnel or agents as part of an investigation;
- By a peace officer, school nurse, administrator trained in de-escalation and restraint techniques as provided by Commissioner's rule,
or a Human Resources staff member
designated by the Board of Trustees in response to a complaint or an investigation of district or school personnel or a complaint of abuse committed by a student;
- By appropriate district legal and HR personnel, and/or to a parent upon a request in a legal proceeding if a peace officer, school nurse, district administrator
trained in de- escalation and
restraint, designated HR staff member,
DFPS personnel or SBEC believes the
recording documents a violation of district or school policy.
All videos will be
viewed at the Spring I.S.D. Special
Education Office.
STEPS FOR ORGANIZING
THE VIEWING:
- The Campus Administrator or administrator designee will contact the Office of School Leadership and Student
Support Services that a complaint has been received alleging an incident as
defined by these procedures.
- The Office of School
Leadership and Student Support Services will
designate and notify appropriate district officials.
- The parent and/or employee
involved in the incident that is the subject of a written complaint will be notified of the
viewing of the video recording no later
than 5 school days following the date of the written complaint of an incident.
A date and time will be set for the viewing.
STEPS FOR VIEWING:
- On
the date of the viewing
a designee from the
Office of School Leadership and Student Support Services, the campus Principal, the Executive
Director for Special Education Services
or Designee, other District Administrator(s)
and/or staff trained in de-escalation
and restraint, and/or a designated Human Resources staff member will view the video.
- The video will be
viewed by the parent with
the Principal and District Administrators, and/or staff trained
in de-escalation and restraint, and/or a designated Human Resources member.
- The video will be viewed by the Staff Member
with the Principal and District
Administrators,
and/or staff trained in de-escalation and restraint, and/or a designed Human Resources
staff member.
PROCEDURES FOR RESPONSE TO VIEWING:
- If a person viewing
the video believes
the recording documents a possible
violation of the Family Code, the person
shall notify Department of Family
and Protective Services.
- If a person viewing the video determines the recording reveals
a violation of district or school
policy, the district may allow access to the recording to appropriate legal
and HR personnel of Spring ISD.
- A recording determined
to document a violation of district or school policy can be used as
part of a disciplinary action against district
or school personnel
and can be released at the request of the
student's parent/guardian in a legal
proceeding. A recording believed to document a possible violation of school
district or campus policy must be released for viewing by the district school
employee who is subject to the disciplinary action at the request of the
employee.
STEPS FOR RESPONDING: - Any indication of abuse or neglect in the viewing shall be forwarded to Spring
ISD Chief of Police and Child Protective Services for investigation. If the
incident does not rise to the level of a report for
abuse or neglect, the video recording shall be forwarded back to the appropriate
supervisor for an administrative investigation.
- Any indication of violation of district or school policy shall be forwarded to the
Office of School Leadership and Student Support Services, and Chief Human
Resources Officer for viewing and
documentation.
Additional Resources
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