Special Education Classroom Camera Procedures Operating Guidelines

Pursuant to Section 29.022, Texas Education Code (“TEC”), as added by S.B. 507, 84th Texas Legislature, Regular Session, 2015 and 19 § T.A.C. 103.1301, the following Procedures apply to video surveillance of special education settings:

Requesting Video/Audio Surveillance

Who May Request

The following individuals may request in writing that equipment be provided to a campus at which one or more children receive special education services in a qualifying classroom or setting:

1. A parent of a child receiving special education services at 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 in the special education classroom or other special education setting.

How to Request

The district must provide Video Equipment, including one or more Video Cameras with audio recording capabilities, to campuses when requested to do so pursuant to TEC § 29.022 and 19 T.A.C. § 103.1301.

To trigger the district’s obligations, the following conditions must be met:

1. A written request must be submitted by an individual who meets the eligibility criteria listed above by submitting Form 1: Request for Installation, returning it to SpedCameraRequests@cfisd.net.
    
2. The request may be submitted to the campus principal or directly to the district designated administrator (Director of Compliance).
3. The request must be for video surveillance at a campus that has a:
   1. Self-Contained Classroom; or
   2. Other Special Education Setting.

Special Education Classroom or Other Special Education Setting

“Special education classroom or other special education setting” means a classroom or setting primarily used for delivering special education services to students who spend on average less than 50 percent of an instructional day in a general education classroom or setting.

Duration of Surveillance Obligation

A request for video surveillance, if approved, obligates the district to provide video surveillance for that school year only. A separate request must be submitted to trigger the district’s obligations under Senate Bill 507 for each successive year.

District Steps Upon Request for Video Surveillance

Upon receipt of a request for video surveillance, the district shall:

1. Review the request to determine eligibility (i.e., is the requestor a Parent, Board Member, or Staff Member, and does the requested campus(es) and classroom(s)/setting(s) meet the criteria for a Self-Contained Classroom or Other Special Education Setting?).
2. After the request is reviewed for eligibility, the district’s designated administrator (Director of Compliance) will send the requestor’s written notice of the district’s decision using Form 2, Response to Request for Video Surveillance within seven (7) District business days.
3. The district’s designated administrator will contact the appropriate district personnel to facilitate installation.
4. Before surveillance begins, advance written notice will be sent to the affected Staff Member(s) and Parents that video and audio surveillance will be conducted in the Classroom or Setting using Form 3, Notice of Video Surveillance. You may not operate the Video Equipment to record the classroom(s)/setting(s) until the notice is sent and ample time is allowed for its receipt.
5. An advanced written notice will be provided to all campus staff by posting a notice at the entrance to the classroom or setting stating:

   This classroom is subject to ongoing video/audio surveillance that is not regularly live monitored.

   CFISD requires a 5-school day written notification of camera recording.
6. If for any reason a campus will discontinue operation of a video camera during a school year, not later than the 5th school day before the date the operation of the video camera will be discontinued, the campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue unless requested by a person eligible to make a request.
7. Not later than the 10th school day before the end of each school year, the campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue during the following school year unless a person eligible to make a request for the next school year submits a new request. (Form 6) Notice of Discontinuation.

Requesting to View Camera Footage

A person alleging that an incident, as defined by law, has occurred in a classroom in which video surveillance is conducted shall file a report on the form provided by the district with the Director of Compliance as soon as possible after the person suspects the alleged incident.

If possible, an incident report form shall be filed within 48 hours of the facts giving rise to the allegation. The Director of Compliance shall promptly view, or direct an authorized individual to view, the video surveillance footage to identify the relevant portion of the recording.

No later than ten (10) District business days after the report is filed, the Director of Compliance or designee shall respond by notifying the person whether the alleged incident was recorded in the District's video surveillance footage and shall initiate other steps as required by law, District policy, or local procedures.

Requirements for Requesting Access to View Video Recordings

The requestor must fall into one of the above categories and allege an “Incident,” as that term is defined in 19 T.A.C. § 101.301(b)(9).

The individual must request to view camera footage using Form 4 Incident Report and Request to View, returning it to SpedCameraRequests@cfisd.net.

On this Form, the individual must assert an:

1. An event or circumstance involving alleged:
   1. Abuse of a student by a school district employee.
   2. Neglect of a student by a school district employee.
   3. Physical Abuse of a student by another student; or
   4. Sexual Abuse of a student by another student; and
2. The event or circumstances must have allegedly occurred in a Self-contained classroom or a Special Education setting in which video surveillance is being conducted.
3. If possible, the incident report should be provided to the Director of Compliance no later than 48 hours after the reporter becomes aware of the suspected incident. The person making the incident report should be as specific as possible regarding the date, time, and location of the suspected incident. It should include any witnesses and should describe the suspected incident as clearly as possible.

District Steps Upon Receipt of Request to Access Video Recordings

1. The district's designated administrator (Director of Compliance) will notify the requestor of the district’s receipt. The district shall investigate the complaint and respond to the requestor within ten (10) school business days upon receipt of request and provide Receipt of Incident Form (Form E).
2. To investigate, the district may need to contact the requestor to clarify his or her complaint.

   Based on the request/complaint and information obtained from the requestor, if any, the district shall make a preliminary determination of whether the complaint involves:

   1. An event or circumstance involving alleged:
      1. Abuse of a student by a school district employee.
      2. Neglect of a student by a school district employee.
      3. Physical Abuse of a student by another student; or
      4. Sexual Abuse of a student by another student.
   2. That allegedly occurred in a Self-Contained Classroom or Special Education Setting in which video surveillance is conducted under these Procedures.
3. If the preliminary investigation reveals that these conditions are potentially met, the district designee will contact the appropriate Technology personnel to access the applicable recording(s).
4. Designated District representatives shall view the applicable recording(s). No other person may be present.
5. After completing the investigation, the designated district administrator will notify the requestor of its decision using Form 5, Response to Incident Report.