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.19 T.A.C. § 103.1301. Video Surveillance of Certain Special Education Settings: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 fulltime employee of the district and who is assigned to work in a self- contained classroom or other special education setting. Staff member also includes the principal or an assistant principal of the campus at which a self-contained classroom or other special education setting is located.Trustee - trustee means a member of the Spring ISD Board of Trustees.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 campusSpecial 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, Sherman ISD 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:
If a Parent, Trustee, or Staff member makes a request for the placement of video surveillance in a special education setting asdescribed above, the Parent, Trustee, or Staff Member will be required to complete and submit the Request for the Placement of Video Surveillance Equipment in a Special Education Self-Contained Setting Form to the designated campus administrator.
- 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 Trustee, as that term is defined in these procedures, may request video surveillance be placed in a self-contained classroom if he/she receives a report from a parent or staff member of an allegation in the self-contained classroom of alleged “abuse” or “neglect,” as those terms are described in Texas Family Code, § 261.001, of a student by an employee of Sherman ISD or alleged “physical abuse”or sexual abuse,” as those terms are described in Texas Family Code, § 261.410, of a student by another student.
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 theclassroom 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.
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:
1. The campus administrator or administrator designee will send a copy of the Request for the Placement of Video Surveillance Equipment in a Special Education Self-Contained Setting Form to the Director for Special Education Services with information whether the request is for a classroom that meets the requirements as defined above.
2. Upon verification by the Director for Special Education Services that the classroom is one that meets the requirements for video monitoring, the campus administrator or administrator designee will be contacted with the information regarding the Request for Video Surveillance Equipment in a Special Education Self-Contained Classroom form, and a copy of the request will be forwarded to:
a. Office of Chief of Staff
b. Office of Chief of School Leadership and Student Support Services
c. Office of Chief of Operations
d. Chief of Police
e. Chief Human Resources Officer4. The campus administrator or administrator designee will provide written notice to parents of all students in the classroom and school staff at least five school days prior to the installation of the video surveillance equipment. The form Notice of Video Surveillance Equipment in a Special Education Self Contained Classroom shall be used for this purpose.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 Director for Special Education will notify the Parent, Staff Member or Trustee 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 settings
- That the parent will be notified when the video surveillance has been installed and operational
STEPS FOR PLACEMENT OF VIDEO SURVEILLANCE EQUIPMENT:
- The Director for Special Education designee will submit a request to the Director of Technology following a request for placement of video surveillance equipment in a classroom that meets the requirements.
- Upon receipt of the request, the Technology 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, a 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 the placement of 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 six 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 circumstances.
Personnel who will have access to video equipment or video recordings for purposes of operating and maintaining the equipment or recordings shall include the Director of Technology and designees, the campus administrator and designees, the 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 the 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 Sherman ISD 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. The date and time will be set for viewing.
STEPS FOR VIEWING:
- On the date of the viewing a designee from the Office of Student Support Services, the campus Principal, the 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/ora 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 the 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 Sherman ISD.
- A recording determined to document a violation of district or school policy can be used as part of disciplinary action against the 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 disciplinary action at the request of the employee.
STEPS FOR RESPONDING:
- Any indication of abuse or neglect in the viewing shall be forwarded to Sherman 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 a violation of district or school policy shall be forwarded to the Office of Student Support Services, and Human Resources Officer for viewing and documentation.
- Video Surveillance Request - English and Spanish
- Response to Video Surveillance Request - English and Spanish
- Notice of Video Surveillance - English and Spanish
- Video Surveillance Sign - English and Spanish
- Complaint of an Incident - English and Spanish
- Video Surveillance Determination - English and Spanish