Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 103 - HEALTH AND SAFETY › Subchapter DD - COMMISSIONER'S RULES CONCERNING VIDEO SURVEILLANCE OF CERTAIN SPECIAL EDUCATION SETTINGS › Section 103.1301 - Video Surveillance of Certain Special Education Settings

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement to implement. In order to
				  promote student safety, on written request by a parent, school district board
				  of trustees, governing body of an open-enrollment charter school, principal,
				  assistant principal, or staff member, as authorized by Texas Education Code
				  (TEC) §29.022(a-1), a school district or an open-enrollment charter school
				  must provide video equipment to campuses in accordance with TEC, §29.022,
				  and this section. Campuses that receive video equipment must place, operate,
				  and maintain video cameras in self-contained classrooms or other special
				  education settings in accordance with TEC, §29.022, and this
				  section.
(b) Definitions. For
				  purposes of TEC, §29.022, and this subchapter, the following terms have
				  the following meanings.
(1) Parent means a
				  person described in TEC, §26.002, whose child receives special education
				  and related services in one or more self-contained classrooms or other special
				  education settings. Parent also means a student who receives special education
				  and related services in one or more self-contained classrooms or other special
				  education settings and who 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.
(2) Staff member means a teacher, a related
				  service provider, a paraprofessional, a counselor, or an educational aide
				  assigned to work in a self-contained classroom or other special education
				  setting.
(3) Open-enrollment
				  charter school means a charter granted to a charter holder under TEC,
				  §12.101 or §12.152, identified with its own county district
				  number.
(4) 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) of a
				  school district or an open-enrollment charter school, including a room attached
				  to the classroom used for time-out, but not including a classroom that is a
				  resource room instructional arrangement under TEC, §42.151, in which a
				  majority of the students in regular attendance are provided special education
				  and related services for at least 50 percent of the instructional day and have
				  one of the following instructional arrangements/settings described in the
				  student attendance accounting handbook adopted under §
											129.1025
				  of this title (relating to Adoption by Reference: Student Attendance Accounting
				  Handbook):
(A) self-contained
				  (mild/moderate/severe) regular campus;
(B) full-time early childhood (preschool
				  program for children with disabilities) special education setting;
(C) residential care and treatment
				  facility--self-contained (mild/moderate/severe) regular campus;
(D) residential care and treatment
				  facility--full-time early childhood special education setting;
(E) off home campus--self-contained
				  (mild/moderate/severe) regular campus; or
(F) off home campus--full-time early
				  childhood special education setting.
(5) 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 or
				  open-enrollment charter school, including a room attached to the classroom or
				  setting used for time-out, in which a majority of the students in regular
				  attendance are provided special education and related services, are assigned to
				  the setting for at least 50 percent of the instructional day, and have one of
				  the following instructional arrangements/settings described in the student
				  attendance accounting handbook adopted under §
											129.1025
				  of this title:
(A) residential care and
				  treatment facility--separate campus; or
(B) off home campus--separate
				  campus.
(6) Video camera
				  means a video surveillance camera with audio recording capabilities.
(7) Video equipment means one or more video
				  cameras and any technology and equipment needed to place, operate, and maintain
				  video cameras as required by TEC, §29.022, and this section. Video
				  equipment also means any technology and equipment needed to store and access
				  video recordings as required by TEC, §29.022, and this section.
(8) Incident means an event or circumstance
				  that:
(A) involves alleged "abuse" or
				  "neglect," as those terms are described in Texas Family Code, §
												261.001, of a student
				  by a staff member of the school district or charter school or alleged "physical
				  abuse" or "sexual abuse," as those terms are described in Texas Family Code,
				  §
												261.410,
				  of a student by another student; and
(B) allegedly occurred in a self-contained
				  classroom or other special education setting in which video surveillance under
				  TEC, §29.022, and this section is conducted.
(9) School business day means a day that
				  campus, school district, or open-enrollment charter school administrative
				  offices are open.
(10) Time-out has
				  the meaning assigned by TEC, §37.0021.