HomeMy WebLinkAboutRes 16-18 WA Approving Special Education Video Surveillance Policy WESTLAKE ACADEMY
RESOLUTION 16-18
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
APPROVING SPECIAL EDUCATION VIDEO SURVEILLANCE POLICY.
WHEREAS,Westlake Academy is subject to Texas state mandates,this board policy must
be reviewed and approved; and
WHEREAS, the Special Education Video Surveillance policy is designed to protect and
promote student safety; and
WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best
interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake
Academy.
NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Board of Trustees of Westlake Academy, hereby approves the
Special Education Video Surveillance policy attached to this resolution as Exhibit "A':
SECTION 3: If any portion of this resolution shall,for any reason, be declared invalid by
any court of competent jurisdiction,such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
Resolution WA 16-18
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SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 71h DAY OF NOVEMBER,2016.
A4ta 7t
Laura Wheat, President
ATTEST:
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Kelly tdward�, Board :Secretary Thomas E. Brymer, SuVrintendent
APPROVED AS TO FORM:
Janet $W'Bubert or L. Stanton Lowry,
SchoofAttorney
Resolution WA 16-18
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Exhibit A
TOWN OF WESTLAKE
WESTLAKE ACADEMY
BOARD OF TRUSTEES POLICY
Policy No. 6.14:
Date Board Adopted: November 7, 2016
Date Board Amended: N/A
Effective Date: November 7, 2016
Policy Category: Special Education
Policy Name: Special EducationVideo/Audio Monitoring
Policy Goal: Promote student safety and provide transparency in the
educational services provided to certain special education
students.
Policy Description:
Purpose of Video Surveillance
The purpose of the video surveillance allowed under this policy is to promote student
safety in certain self-contained classrooms and other special education settings. In accordance
with Texas Education Code Section 29.022, a parent, trustee, or staff member may
submit a request for the Academy to provide video equipment in a classroom in which a
student who receives special education services in a self-contained classroom or other
special education setting is enrolled.
Procedures for Authorized Video Surveillance
• A written request for video surveillance in special education settings may be
submitted to the Westlake Academy Executive Director. The Executive Director
shall review the request and either: 1. forward the request to the appropriate staff
to implement video surveillance in accordance with this policy and any applicable
administrative procedures; or 2. provide the requestor a response regarding why
the request is deficient.
• Upon receipt of a proper request, the Academy shall place, operate, and maintain
one or more video cameras in self-contained classrooms or other special
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education settings in accordance with Education Code 29.022 and 19
Administrative Code 103.1301.
• Authorized video surveillance shall include audio recording capability and will
capture all areas of the self-contained classroom 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.
• Authorized video surveillance will be operational at all times during the instructional
day when students are in the self-contained classroom during the regular school
year and during any extended school year services. Video surveillance shall
continue for as long as the classroom or setting continues to satisfy the
requirements of Texas Education Code Section 29.022(a).
• Written notice shall be provided to staff members assigned to special education
self-contained classrooms and to the parents of students who are assigned to
special education self-contained classrooms prior to installation of the video
cameras and, after installation, annually by September 1 of each calendar year.
• Westlake Academy may post a notice at the entrance of any self-contained
classroom or other special education setting in which video cameras are placed
stating that video and audio surveillance are conducted in the classroom or setting.
• Video recordings shall be retained for a minimum of six months.
Confidentiality & Access to Video Surveillance
Regular or continual monitoring of surveillance video is prohibited. Additionally, video
recordings may only be viewed in accordance with applicable law and the procedures
adopted by Westlake Academy. Video recordings shall not be used for teacher
evaluation.
The Academy will protect the confidentiality of all parties involved under Education Code
29.022 and 19 Administrative Code 103.1301. As such, unauthorized use or disclosure
is prohibited. Unauthorized disclosure of confidential or privileged information is a serious
violation under this policy and will subject the person(s) who made the unauthorized
disclosure to appropriate discipline, including removal/dismissal.
Video recordings may only be viewed by the following individuals, to the extent not limited
by the Family Educational Rights and Privacy Act (FERPA).
The Academy shall release a recording for viewing by:
1. A staff member or other school employee or a parent of a student involved in an
incident that is documented by a video recording for which a complaint has been
reported to the Academy, on request of the staff member, employee, or parent,
respectively;
2. Appropriate Department of Family and Protective Services (DPS) personnel as
part of an investigation of alleged or suspected abuse or neglect of a child under
Family Code 261.406;
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3. A peace officer, a school nurse, a school administrator trained in de-escalation and
restraint techniques as provided by commissioner of education rule;
4. Appropriate TEA or State Board for Educator Certification personnel or agents as
part of an investigation.
If a recording documents possible abuse or neglect of a child under Family Code, Chapter
261, individuals reviewing the recording must submit a report to DFPS or other authority
in accordance with applicable law.
If any person described by item 2, 3, or 4 above views a video recording and believes
that it documents a possible violation of school policy, the person may allow access to
the recording to appropriate legal and human resources personnel of the Academy to the
extent not limited by FERPA or other law. A recording believed to document a possible
violation of Academy policy may be used in a disciplinary action against school staff and
shall be released in a legal proceeding at the request of a parent of the student involved
in the incident documented by the recording. A recording believed to document a possible
violation of Academy policy must be released for viewing by the employee who is the
subject of the disciplinary action at the request of the employee.
Staff members whose assigned duties for Westlake Academy include installing,
operating, and/or maintaining the video surveillance equipment or recordings will be
provided access to surveillance equipment and recordings to the extent necessary to
insure the efficient and effective implementation of this policy.
Procedures for Reporting a Complain
To report a complaint of an alleged incident in a self-contained classroom or other special
education setting in which video surveillance under Education Code 29.022 and 19
Administrative Code 103.1301 is conducted, parents and/or staff members should do the
following:
• Report the incident in writing to the programme principal using the form developed
by the Academy;
• Programme principal will view the relevant portion of the video recording to
determine if an incident was recorded;
• If the reported incident is recorded on video, the programme principal shall arrange
for the person submitting the complaint to view the video, if requested;
• Programme principal will also investigate the incident by interviewing any parties
deemed necessary to determine the facts of the incident; and
• Parents will be notified of the status of an investigation and given a written report
of all determined facts and conclusions.
If reporting process does not resolve the complaint, a formal complaint should be filed
under the provisions provided in the Parent/Student Handbook. Additionally, complaints
alleging violations of this policy should be addressed through the grievance procedures
provided in the Parent/Student Handbook or other dispute resolution channels.
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FERPA
State law does not limit the access of a student's parent to an educational record of the
student under FERPA or other law. To the extent any provisions in Education Code
29.022 and 19 Administrative Code 103.1301 conflict with FERPA or other federal law,
federal law prevails.
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