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Denial of Video Surveillance of Special Education Settings Appeal

Tex. Educ. Code §29.022 mandates that school districts within the State of Texas conduct video and audio surveillance in certain special education classrooms and settings upon request.  The statute seeks to ensure that the rights of disabled students are adhered to and respected at all times.

Upon receipt of a written request from an authorized party, a school district shall provide, place, operate, and maintain one or more video cameras in self-contained classrooms and other special education settings.  (Tex. Educ. Code §29.022(a) and Texas Admin. Code §103.1301(a)).  The list of authorized parties can be found at Tex. Educ. Code §29.022(a-1).

Once a request for placement of a video camera or a request to release a video is administratively denied, the requestor must exhaust administrative remedies through the school district's grievance process.  After local remedies are exhausted by filing a grievance with the school board and obtaining a school board determination, the requestor may appeal the denial to the commissioner of education under TEC §7.057, by filing a petition for review.  (Texas Admin. Code §103.1303(b)(1) and (2))

A petition for review shall be filed with the commissioner within 10 calendar days of the decision of the board of trustees denying the request being first communicated to the requestor or requestor's counsel, whichever occurs first.  (Texas Admin. Code §103.1303(6)(A))

Per Tex. Admin. Code § 157.1051 a petition for review shall contain the following in numbered paragraphs:

  1. A description of the challenged ruling, action, or failure to act complained of;
  2. The date of the challenged ruling, action, or failure to act;
  3. A precise description of the action the petitioner wants the commissioner to take on the petitioner's behalf;
  4. A statement of jurisdiction and the legal basis for the claim;
  5. The name, mailing address, telephone number of the petitioner's party representative during business hours, email, and facsimile number, if any; and
  6. The name, mailing address, and business telephone of the respondent or the respondent's representative, email, and facsimile number, if any.

The Petition for Review must be filed with TEA’s Division of Hearings & Appeals, by electronic filing system, email to Christina.Eischens@tea.texas.gov, mail or hand delivery to 1701 N. Congress Ave., Austin, Texas 78701 or by facsimile to (512) 475-3662.

Every document filed with TEA’s Hearings and Appeals Division shall be served on all interested parties or the interested party’s representatives as well as the school district and must contain a certificate of service.  (Tex. Admin. Code §§103.1303 and 157.1050)

Upon receipt of the Petition for Review the hearings and appeals division will issue an acknowledgment letter providing parties notice that the case has been docketed.

The district's answer and local record shall comply with Texas Administrative Code §§157.1052(b), (c), and §157.1073(d) and shall be filed with the commissioner within 10 calendar days of the school district receiving notification from the commissioner of the appeal.  (Texas Admin Code §103.1303(b)(6)(B))

A Proposal for Decision (“PFD”) will be issued no later than 180 calendar days from the date the Petition for Review was filed. (Tex. Educ. Code §7.057(b))

Either party may file exceptions to a proposal for decision no later than 30 calendar days from the date the proposal for decision was issued.  Parties may also file replies to the exceptions no later than 50 calendar days from the date of the proposal for decision.  All disagreements with the factual findings and legal conclusions of the proposal for decision must be made in the parties' exceptions to the proposal for decision or be waived.  The timelines may be modified by the administrative law judge.  (Tex. Admin. Code §157.1059)

After the time for filing exceptions and replies to exceptions expires, the administrative law judge's proposal for decision will be considered by the commissioner and either adopted or modified.  (Tex. Admin. Code §157.1060).  The commissioner’s decision will be issued no later than 240 calendar days from the date the petition for review was filed.  The parties to the appeal may agree in writing to extend the decision deadline, by not more than 60 days.

Either party aggrieved by the decision of the commissioner may file a motion for rehearing no later than 25 calendar days after the date the commissioner’s decision was signed.  A party must file any replies to the motion for rehearing not later than 40 calendar days after the date the decision is signed.  Agency action on the motion for rehearing must be taken within 55 calendar days after the date the decision or order that is the subject of the motion is signed.  If agency action is not taken within the 55-day period after the date the decision or order that is the subject of the motion is signed, the motion for rehearing is overruled by operation of law. (Tex. Admin Code §157.1061).

Parties can request expedited review of this appeal.  Please refer to the Request for Expedited Review webpage for more information.

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