EHBAF(LEGAL) -

Parental Consent Not Required

Video Surveillance Upon Request to Promote Student Safety

Classroom or Other Setting

  1. A campus that receives equipment as a result of the request by a parent or staff member is required to place equipment only in classrooms or settings in which the parent's child is in regular attendance or to which the staff member is assigned, as applicable; and
  2. A campus that receives equipment as a result of the request by a board of trustees, principal, or assistant principal is required to place equipment only in classrooms or settings identified by the requestor, if the requestor limits the request to specific classrooms or settings subject to Education Code 29.022

Administrative Coordinator

Authorized Requestors

  1. A parent of a child who receives special education services for the campus at which the child receives those services;
  2. The board of trustees for one or more specified campuses;
  3. The principal or assistant principal for their campus; and
  4. A staff member assigned to work with one or more children receiving special education services for the campus at which the staff member works.

Processing the Request

  1. A parent, staff member, or assistant principal must submit a request to the principal or the principal's designee of the campus addressed in the request, and the principal or designee must provide a copy of the request to the district's designated administrator;
  2. A principal must submit a request by the principal to the district's designated administrator; and
  3. A board of trustees must submit a request to the district's designated administrator, and the administrator must provide a copy of the request to the principal or the principal's designee of the campus addressed in the request.

Video Cameras

  1. Covering all areas of the classroom or setting, including a room attached to the classroom or setting used for time-out; and
  2. Recording audio from all areas of the classroom or setting, including a room attached to the classroom or setting used for time-out.

Written Notice

Retention Period

Gifts, Grants, and Donations

No Waiver of Immunity

  1. Waive any immunity from liability of a school district, or of district officers or employees; or
  2. Create any liability for a cause of action against a school district or against district officers or employees.

No Monitoring

  1. Allow regular or continual monitoring of video recorded under Education Code 29.022; or
  2. Use video for teacher evaluation or for any other purpose other than the promotion of safety of students receiving special education services.

Confidentiality

Limited Release

  1. An employee who is involved in an alleged incident that is documented by the recording and has been reported to the district, 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 (DFPS) personnel as part of an investigation of alleged or suspected abuse or neglect of a child under Family Code 261.406;
  4. A peace officer, a school nurse, a district administrator trained in de-escalation and restraint techniques as provided by commissioner's rule, or a human resources staff member designated by the board in response to a report of an alleged incident or an investigation of district 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.

Duty to Report

Use in Disciplinary Actions Against District Personnel

FERPA

District Policy

  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 law or a policy adopted in accordance with the law, including the appeals process under Education Code 7.057;
  2. Require that the district provide a response to a request not later than the seventh school business day after receipt of the request by the person to whom it must be submitted that authorizes the request or states the reason for denying the request;
  3. Require that a school 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:
    1. The date on which the current school year ends; or
    2. The tenth 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 item 4, above, unless the agency grants an extension of time, require that a school begin operation of a video camera not later than the later of:
    1. The tenth school day of the fall semester; or
    2. 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.

Expedited Review

  1. Denial of a request;
  2. Request for an extension of time to begin operation of a video camera; or
  3. Determination to not release a video recording.

Governmental Record

Operation of Camera

Definitions

Lumberton ISD

EHBAF(LEGAL)-P

UPDATE 109

DATE ISSUED: 10/30/2017