Procedures for making an incident report

A person may notify the Campus Principal of an Alleged Incident occurring in a Self-contained Classroom or Other Special Education Setting where video/audio surveillance is in effect by completing an Incident Report form and providing it to the Campus Principal. The Incident Report form may be obtained from the Campus Principal. (If the Alleged Incident involves the Campus Principal, the Incident Report form should be provided to the Area Director.)

The person making the Incident Report should be as specific as possible regarding the date, time, and location of the Alleged Incident, should include any witnesses, and should describe the suspected incident as clearly as possible. The Incident Report should be provided to the campus principal as soon as possible, and if at all possible within 48 hours after the reporter becomes aware of an Alleged Incident.

Procedures for responding to an incident report

• If an Alleged Incident, as defined herein, is reported, absent extenuating circumstances, within seven (7) School Business Days from receipt of the Incident Report Form, the campus principal or authorized designee will coordinate with one or more eligible person(s) as set forth below to schedule a time and location for them to view the recording of the Alleged Incident to determine whether the recording contains evidence of abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student. If so, the appropriate District administrator shall initiate other steps as required by law, District policy, or local procedures.
• The appropriate District administrator(s) will determine whether any additional safety measures should be taken in the Self-contained Classroom or Other Special Education Setting pending a review of the relevant video/audio recording.
• If the Alleged Incident, as set forth on the Incident Report form, cannot as described on the form, qualify as abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, the District will provide written notice to the person making the report that the allegations on the Incident Report form do not set forth an Alleged Incident (i.e. abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student.)
• Following the initial review of the video/audio recording by the District’s eligible persons, the District will notify the Parent who made the Incident Report as to whether the recording documented abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student within three (3) School Business Days. The District will notify the Parent of one of the following:
  • The recording documenting abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, is available for viewing by the Parent upon making an appointment;
  • While the recording did not document abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, it did document a significant act involving the student, such that the recording is an educational record pursuant to the Family Educational Rights and Privacy Act (FERPA) and is available for viewing by the Parent upon making an appointment; or
  • As the recording does not depict abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, or a significant act involving the student such that the recording is not an educational record pursuant to FERPA, access to view the recording will not be provided. This denial can be appealed as described herein.
• Additionally, the District will notify any non-reporting parent of a child who is subject to abuse or neglect, as defined in the Texas Family Code, of a student by an employee of the District, or physical abuse or sexual abuse, as defined in the Texas Family Code, of a student by another student, as documented on the recording within three school business days of the initial review of the video/audio recordings.

Access to Video/Audio Recordings

• A video/audio recording made as a result of these provisions is confidential.
• The District will not allow regular or continual monitoring of video/audio recordings.
• The District will not use the video/audio recordings for teacher evaluation or monitoring or for any purpose other than the promotion of safety of students receiving special education in a Self-contained Classroom or Other Special Education Setting.
• In response to an Incident Report setting forth an Alleged Incident, the District will allow viewing of the video/audio recording only by the following eligible persons:
  • An employee who is involved in an Alleged Incident that is documented by the recording and who requests to view the recording;
  • A parent/guardian of a student who is involved in an Alleged Incident documented by the recording and who requests to view the recording;
  • A peace officer;
  • A school nurse;
  • A District or school administrator trained in de-escalation and restraint techniques; and
  • A Human Resources Staff Member designated by the Board of Trustees.
• As part of an investigation of district or school personnel, or a report of alleged abuse committed by a student, the District will allow viewing of the video/audio recording only by the following:
  • A peace officer;
  • A school nurse;
  • A District or school administrator trained in de-escalation and restraint techniques; and
  • A Human Resources Staff Member designated by the Board of Trustees.
• The District will also allow viewing of the video/audio recording to the following under the following conditions:
  • Appropriate Department of Family and Protective Services (“DFPS”) personnel as part of an investigation of alleged or suspected abuse or neglect of a child in a public or private school under the jurisdiction of the TEA;
  • Appropriate TEA or State Board for Educator Certification (“SBEC”) personnel or agents as part of an investigation; and
  • If DFPS personnel, a peace officer, school nurse, administrator, human resources staff member or SBEC personnel/agent view the video/audio recording and believes that the recording documents a possible violation of district or school policy, relating to the neglect or abuse of a student, the person may allow appropriate legal and human resources personnel access to the recording, and the recording may be used as part of a disciplinary action against district or school personnel.
  • A District employee who is the subject of the disciplinary action must be allowed to view a recording believed to document a possible violation of District or campus policy, relating to abuse of neglect of a student, if the employee requests to view the recording.
  • In accordance with Board Policy FL (LEGAL and LOCAL), District personnel or contractors whose job duties involve installation, operation, or maintenance of the video equipment or the retention of the video recordings will have access to the equipment and recordings only to the extent necessary to ensure the functionality of the equipment.
• No one has any right to obtain a copy of a video/audio recording except that a copy will be released at the request of the student’s parent or guardian in a legal proceeding.
• Nothing in these procedures limits a parent’s right to access educational records of a child under the Family Educational Rights and Privacy Act. However, not all surveillance video/audio recordings are educational records of a student. If the recording is directly related to a student who is the focus of the video, only that portion of the recording is an educational record of that student and may be viewed by that student’s parent upon request. The recording is not an educational record of students who are merely present and not the focus of the recording, and may not be viewed by the parents of these students.
• If the District receives a request to view a recording, the District will provide a written response to the requestor within seven School Business Days that access will or will not be provided.

Child abuse reporting

If a peace officer, school nurse, administrator, human resources staff member, or SBEC personnel/agent views the recording and believes that the recording documents possible abuse of a child as defined by the Family Code, the person shall submit a report to the DFPS for investigation in accordance with the Family Code.

Dispute resolution

Special education dispute resolution procedures (i.e. due process hearing, mediation, TEA complaint) do not apply to any dispute arising under TEC §29.022 or these provisions. Such disputes must be addressed through the District’s grievance procedures or other local dispute resolution channels.

Employee complaints/grievances must be made in accordance with Board Policy DGBA (LEGAL) and DGBA (LOCAL); Student and/or Parent complaints/grievances must be made in accordance with Board Policy FNG (LEGAL) and FNG (LOCAL), and public complaints must be made in accordance with Board Policy GF (LEGAL) and GF (LOCAL).

The grievant may appeal the District’s decision by filing a written petition, pursuant to Tex. Educ. Code §7.057, with the Commissioner of Education. The appeal must be made in writing to the Commissioner within 45 days of the District’s decision.

Staff Members or a Parent may seek expedited TEA review if a request is denied. This could be a request for installation, a request to view, or a request for extension of time for installation.