Parental Consent Not Required

An employee of a school district is not required to obtain the consent of a child's parent before the employee may make a videotape of a child or authorize the recording of a child's voice if the videotape or voice recording is to be used for a purpose related to the promotion of student safety as described by this policy. Education Code 26.009(b)

Video Surveillance Upon Request to Promote Student Safety

In order to promote student safety, on receipt of an authorized written request, a school district shall provide equipment, including a video camera, to the school in the district specified in the request.

Classroom or Other Setting

A school that receives equipment shall place, operate, and maintain one or more video cameras in self-contained classrooms and other special education settings in which a majority of the students in regular attendance are provided special education and related services and are assigned to one or more self-contained classrooms or other special education settings for at least 50 percent of the instructional day, provided that:0)

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

Each district shall designate an administrator at the primary administrative office of the district with responsibility for coordinating the provision of equipment to schools and campuses.

Authorized Requestors

The following people 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:0.

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

A written request must be submitted and acted on as follows:0.

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.

A school shall operate and maintain the camera in the classroom or setting as long as the classroom or setting continues to satisfy these requirements, for the remainder of the school year in which the campus received the request, unless the requestor withdraws the request in writing.

Video Cameras

The video cameras must be capable of: 0.

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.

The inside of a bathroom or any area in the classroom or other special education setting in which a student's clothes are changed may not be visually monitored, except for incidental coverage of a minor portion of a bathroom or changing area because of the layout of the classroom or setting.

Written Notice

Before a school activates a video camera in a classroom or setting, the school shall provide written notice of the placement to all school staff and to the parents of each student attending class or engaging in school activities in the classroom or setting.

If for any reason a campus will discontinue operation of a video camera during a school year, not later than the fifth 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. Not later than the tenth 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.

Retention Period

A school district shall retain video recorded from a video camera for at least three months after the date the video was recorded.

If a person requests to view a video recording from a video camera, a school district must retain the recording from the date of receipt of the request until the person has viewed the recording and a determination has been made as to whether the recording documents an alleged incident. If the recording documents an alleged incident, the district or school shall retain the recording until the alleged incident has been resolved, including the exhaustion of all appeals.

Gifts, Grants, and Donations

A school district may solicit and accept gifts, grants, and donations from any person for use in placing video cameras in classrooms or settings.

No Waiver of Immunity

The requirements described by this policy do not: 0.

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

A school district may not: 0.

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

A video recording of a student is confidential and may not be released or viewed except as provided below.

Limited Release

A school district shall release a recording for viewing by: 0.

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.

A contractor or employee performing job duties relating to the installation, operation, or maintenance of video equipment or the retention of video recordings who incidentally views a video recording does not violate these confidentiality provisions.

Duty to Report

If a person described by item 4 or 5 above who views the video recording believes that the recording documents a possible violation under Family Code, Chapter 261, Subchapter E, the person shall notify DFPS for investigation in accordance with Family Code 261.406.

Use in Disciplinary Actions Against District Personnel

If any person described by item 3, 4, or 5 above who views the recording believes that the recording documents a possible violation of district policy, the person may allow access to the recording to appropriate legal and human resources personnel. A recording believed to document a possible violation of district policy relating to the neglect or abuse of a student may be used as part of a disciplinary action against district personnel and shall be released at the request of the student's parent in a legal proceeding.

FERPA

State law does not limit the access of a student's parent to a record regarding the student under the Family Educational Rights and Privacy Act or other law.

District Policy

A school district policy relating to the placement, operation, or maintenance of video cameras under this section must:0.

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

A school district, parent, staff member, or administrator may request an expedited review by the agency of the district's: 0.

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.

If a school district, parent, staff member, or administrator requests an expedited review, the agency shall notify all other interested parties of the request.

If an expedited review has been requested, the agency shall issue a preliminary judgment as to whether the district is likely to prevail on the issue under a full review by the agency. If the agency determines that the district is not likely to prevail, the district must fully comply with this section notwithstanding an appeal of the agency's decision. The agency shall notify the requestor and the district, if the district is not the requestor, of the agency's determination.

Governmental Record

A video recording under this section is a governmental record only for purposes of Penal Code 37.10.

Operation of Camera

These provisions apply to the placement, operation, and maintenance of a video camera in a self-contained classroom or other special education setting during the regular school year and extended school year services.

A video camera placed under this section is not required to be in operation for the time during which students are not present in the classroom or other special education setting.

Definitions

“Parent” includes a guardian or other person standing in parental relation to a student.

“School business day” means a day that campus or school district administrative offices are open.

“Self-contained classroom” does not include a classroom that is a resource room instructional arrangement under Education Code 42.151.

“Staff member” means a teacher, related service provider, paraprofessional, counselor, or educational aide assigned to work in a self-contained classroom or other special education setting.

“Time-out” has the meaning assigned by Education Code 37.0021.

Education Code 29.022

Video/Audio Monitoring

Note:        Unless otherwise noted, the terms “video recording,” “video surveillance,” and “video monitoring” shall also include any associated audio recordings. 

The District shall comply with requests for video and audio monitoring of certain self-contained special education classrooms and settings as required by law to promote student safety in those settings.  Regular or continual monitoring of video recordings shall be prohibited.  Video recordings shall not be used for teacher evaluation or monitoring or for any purpose other than the promotion of student safety. 

A parent, Trustee, or staff member making a request for video surveillance under this policy shall submit the request to the campus principal on a form provided by the District, and the principal shall provide a response to the requestor within ten District business days.  The principal shall provide advance written notice to staff on the campus and to parents of the students assigned to the classroom or setting that video and audio surveillance will be conducted in the classroom or setting.  The Superintendent shall develop administrative regulations as necessary to implement these request, response, and notice provisions.

When the District has installed video cameras in a classroom or other setting as required by law, the District shall operate the cameras during the instructional day at all times when students are in the classroom or other setting.  For purposes of this policy, the instructional day shall be defined as the portion of a school day during which instruction is taking place in the classroom or other setting. 

A campus shall continue to operate and maintain any video cameras placed in the classroom or other setting for as long as the classroom or other setting continues to satisfy the requirements in Education Code 29.022(a).

Video cameras must be capable of recording video and audio of all areas of the classroom or setting, except that no video surveillance shall 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. 

The District shall post notice at the entrance to a classroom or other setting in which video cameras are placed stating that video and audio surveillance is conducted in that classroom or setting.

Video recordings shall be retained for at least six months after the date of the recording but may be retained for a longer period in accordance with the District’s records management program or as required by law.  [See CPC] 

Video recordings made in accordance with this policy shall be confidential and shall only be accessed or viewed by the individuals and in the limited circumstances permitted by law.  Contractors and District personnel with job duties related to the installation, operation, or maintenance of video equipment, or the retention of video recordings, who incidentally view recordings when performing regular job duties such as ensuring the proper functioning of the equipment or pulling specific footage shall not be considered in violation of the confidentiality provisions. 

The following individuals shall have authority to view video recordings to the extent permitted by the Family Educational Rights and Privacy Act (FERPA):0.

1. A District employee or a parent of a student who is involved in an incident documented by a recording for which a complaint has been reported to the District;
2. Appropriate Department of Family and Protective Services (DFPS) personnel as part of an investigation of alleged abuse or neglect of a child;
3. A peace officer, school nurse, District administrator trained in de-escalation and restraint techniques, or human resource staff member in response to a complaint or an investigation of an incident; and
4. Appropriate TEA or State Board for Educator Certification personnel or their agents as part of an investigation.

For purposes of this policy, the term “human resource staff member” shall include the Superintendent, a principal, an assistant principal or other campus administrator, and any supervisory position within the District’s human resources office.  If an individual listed in items 2 through 4 above believes that a recording shows a violation of District policy or campus procedures, the individual may allow access to the recording by appropriate legal and human resources personnel designated by the District for the purpose of determining whether a policy or procedure has been violated. 

Any person who suspects that child abuse or neglect has occurred shall report this suspicion as required by law and District policy.  [See FFG]

A person alleging that an incident, as defined by law, has occurred in a classroom or other setting in which video surveillance is conducted shall file a report on the form provided by the District with the principal 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 principal 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 District business days after the report is filed, the principal 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.

Complaints related to video and audio recordings under this policy shall be filed in accordance with DGBA, FNG, or GF, as applicable. 

This policy shall be effective as of the adoption date: October 14, 2016.

Requesting Video/Audio Monitoring in a Special Education Classroom

1. Request submitted to campus principal, via Special Education Video/Audio Monitoring Request Form by one of the following authorized persons:

• Parent/Legal Guardian
• Board of Trustee
• Staff Member

2. Campus principal emails the request to the Assistant Superintendent for Special Education. NOTIFICATION TO BE DONE WITHIN THREE (3) SCHOOL DAYS OF REQUEST SUBMITTAL
3. Assistant Superintendent for Special Education approves or denies the request and notifies the campus principal of the decision. For approved requests, the Assistant Superintendent for Special Education follows the step below:

Sends email request with approval from Assistant Superintendent for Special Education to Facilities Services Security Maintenance Department at sm_sped@houstonisd.org. If assistance is needed the department telephone number is 713-671-1750.

DECISION FOR APPROVAL/DENIAL TO BE DONE WITHIN TWO (2) SCHOOL DAYS AFTER THE ABOVE NOTIFICATION

4. If the request is approved, Assistant Superintendent for Special Education scans and emails the signed request to the campus principal and Special Education Video/Audio Monitoring email distribution group at Spedvideo@houstonisd.org. Recipients include:

• Superintendent of Schools
• Chief Academic Officer
• Assistant Superintendent for Special Education
• Chief Operations Officer
• Chief School Officers
• Officer of Facility Services
• Chief of Police
• General Counsel

NOTIFICATION TO BE DONE WITHIN THREE (3) SCHOOL DAYS OF APPROVAL NOTIFICATION

5. Principal communicates the denied request to the requestor. For approved requests, the campus principal follows the step below:

• Notifies parents and all campus staff via Special Education Video/Audio Monitoring Memo that equipment will be installed:
  • Memo to parents with students in identified room
  • Memo to all campus staff

NOTIFICATION TO BE DONE WITHIN FIVE (5) SCHOOL DAYS OF APPROVAL NOTIFICATION 

6. Facilities Services Security Maintenance Department walks the campus and completes the following:

• Room survey for video/audio equipment
• Design review of video, audio and surveillance

CAMPUS WALK-THROUGH TO BE DONE WITHIN SEVEN (7) SCHOOL DAYS FROM EMAIL REQUEST FROM CAMPUS PRINCIPAL 

7. Facilities Services Security Maintenance Department requests quote(s) from vendor(s) based upon size of job. TO BE DONE WITHIN SEVEN (7) SCHOOL DAYS FROM CAMPUS WALK-THROUGH

8. Facilities Services Security Maintenance Department requests funds from budgeting. TO BE DONE WITHIN THREE (3) SCHOOL DAYS AFTER RECEIVING QUOTES

9. Budgeting allocates funds for Facilities Services Security Maintenance Department per request. TO BE DONE WITHIN THREE (3) SCHOOL DAYS AFTER BUDGETING REQUEST IS MADE

10. Facilities Services Security Maintenance Department creates the shopping cart and departmental fund approval

11. Information Technology (IT) approves shopping cart for technology approval.
TO BE DONE WITHIN THREE (3) SCHOOL DAYS AFTER FUNDS ARE ALLOCATED

12. Procurement creates the Purchase Order (PO).

13. Vendor receives Purchase Order (PO).
TO BE DONE WITHIN FIVE (5) SCHOOL DAYS FROM PROCESSING THE SHOPPING CART

14. Vendor orders video/audio equipment and cabling equipment.

15. Vendor receives video/audio equipment and cabling equipment

16. Vendor schedules installation date with campus and notifies Facilities Services Security Maintenance Department 

17. Facilities Services Security Maintenance Department installs video/audio signage in predefined areas

18. Vendor installs and tests video/audio equipment and cabling.

19. Vendor notifies Facilities Services Security Maintenance Department the installation of video/audio equipment is complete and operational.

20. Facilities Services Security Maintenance Department verifies that equipment installation and server configuration is operational.

21. Facilities Services Security Maintenance Department notifies campus principal and the email distribution group at Spedvideo@houstonisd.org, which includes the Chief Academic Officer, Assistant Superintendent for Special Education, Chief Operations Officer, Chief School Officers, Officer of Facilities Services & Chief of Police of completion

22. Facilities Services Security Maintenance Department posts Goods Receipt (GR) to begin payment to the vendor. TO BE DONE WITHIN THIRTY (30) SCHOOL DAYS AFTER VENDOR RECEIVES PURCHASE ORDER

Incident Review Access Process

An incident has been reported and a request completed via the Special Education Video/Audio Monitoring Incident Report Form. The form is submitted to the campus principal reporting an incident and/or requesting to view the video. (Note: An incident can be reported by anyone.)

1. Campus principal confirms the form/request is completed in its entirety and the requester is a parent/legal guardian of the student or below to view the video as per District Policy EHBAF (Legal):

• Parent/Legal Guardian
• Staff Member
• District Administrator

2. Campus principal approves or denies the request for video viewing depending on the description of the incident. If the request is denied, requester will be notified of the denial. APPROVAL TO BE DONE WITHIN THREE (3) SCHOOL DAYS OF RECEIPT OF FORM

3. Campus principal scans and emails the approved Special Education Video/Audio Incident Report Form to email distribution group atSpedvideo@houstonisd.orginforming that a request for video viewing has been received. The recipients include:

• Superintendent of Schools
• Chief School Officers
• Chief Academic Officer
• Officer of Facility Services
• Assistant Superintendent for Special Education
• Chief of Police
• Chief Operations Officer
• General Counsel

SUBMISSION TO BE DONE WITHIN THREE (3) SCHOOL DAYS OF RECEIPT OF THE INCIDENT FORM

4. Campus principal contacts Facilities Services Security Maintenance to “retrieve” the video and blur other persons for confidentiality. The contact email is sm_sped@houstonisd.org FACILITIES SERVICES SECURITY MAINTENANCE WILL PROVIDE VIDEO TO CAMPUS PRINCIPAL 
WITHIN FIVE (5) SCHOOL DAYS OF APPROVAL AND NOTIFICATION

5. Campus principal will set a date and time for the initial viewing which can include the following staff:

• Campus principal / campus principal designee
• District administrator trained in de-escalation and restraint techniques
• A school nurse

NO LATER THAN FIVE (5) SCHOOL DAYS FOLLOWING THE DATE OF THE WRITTEN REPORT OF AN INCIDENT

6. Campus principal will contact any of the following departments below if the initial viewing determines an investigation is appropriate:

• HISD Police
• HISD Human Resources
• HISD Legal Department
• Department of Family Protective Services
• Various State Agencies

7. Response to viewing:

• If a person viewing the video believes the recording documents a possible violation of the Family Code, this person shall notify Department of Family and Protective Services.
• If the person viewing the video determines that a recording documents a violation of district or school policy, this person may allow access to the recording to appropriate legal and human resources personnel.
• 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.
• Any indication of physical abuse shall be forwarded to Houston ISD Chief of Police for investigation. If the incident does not rise to the level of criminal charges, the issue shall be forwarded to the appropriate supervisor for an administrative investigation.
• Any indication of violation of district or school policy shall be forwarded to the Legal department and/or to Human Resources.

8. Campus principal will notify requester with determination and if applicable, date, time and location of when the viewing will occur. A school district shall release a recording for viewing by:

• A school district employee or a parent or guardian of a student who is involved in an incident documented by the recording for which a complaint has been reported to the district, on request of an employee, parent, or guardian, respectively;
• 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;
• 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 complaint or an investigation of district personnel or a complaint of abuse committed by a student; or
• Appropriate agency or State Board for Educator Certification personnel or agents as part of an investigation.

9. Each viewing by requester will include one or more of the following HISD staff:

• Campus principal / Campus principal designee
• District administrator trained in de-escalation and restraint techniques
• A school nurse

10. Campus principal will communicate to appropriate officials and parent/guardian the outcome of the investigation and, if applicable, the plan of resolution. WITHIN TWENTY (20) SCHOOL DAYS OF THE VIEWING