Campus Surveillance Inside the Special Education Setting by Joshua Tullia https://padlet.com/jtullia/rkh6lixmhf2g Module 7 Angelo State en-us 2019-07-15 13:44:04 UTC 2019-07-21 20:28:36 UTC hello@padlet.com Slide #1: Perspective and Role jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371189350 My professional perspective is an Intermediate or Elementary Principal.]]> 2019-07-15 14:04:26 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371189350 Slide 2: Interview with my campus principal Mrs. Hodge. jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371190074 Who I Interviewed: Lauren Hodge; Campus Principal at Estella Stewart Elementary

SchoolWebsite: https://www.huntsville-isd.org/STE

This topic is important in my field of education to ensure ethically and legally that ALL students are entitled and receive any and all opportunities to learn; whether a students is a part of a sub population or not.  The impact this topic has on early grade level education is great.  Listed below are daily impacts that placing and maintaining surveillance equipment inside a special education setting can have when interviewing my campus principal.  
 
1.) Legal and ethical requirements; requests that parents and guardians must make in order to possibly visualize and watch their child's learning take place. 

2.) The requirements that school administrators must follow in order to notify parents and guardians.

3.) To exhaust every option of keeping special education students safe with the assistance of technology equipment.

An administrator, counselor, parent or involved part of the student must be aware of the best practices in order to legally and ethically support them.

1.) Collaborate with campus administrators, social media supportive groups (aligned with the districts social media policies), parents, district personnel, and if applicable, the districts legal representation team to ensure that polices implemented are up to date with the current federal and local standards that interpret special education law.

2.) Ensure that the proper staff and supportive staff are actively monitoring throughout the day including "blind" hard to see sports on campus that may not have regular adult supervision.  Make proper adjustments in these areas of need. 

3.) Understanding that the motivation and interpretation of federal and local technology equipment laws are in place to keep all students safe and to protect the supervising adult or teacher or record.  Minimizing liability for all school staff members.

An emerging issue related to this topic is the interpretation of parents, campus personnel and other involved parties towards the possible bias of technology equipment in the classroom setting is creating more of a restrictive setting for students.  For example, a special education teacher informed me that parents not think of her special education classroom as a "place" rather than a "service" that the district is providing.  Amos, White & Trader describe cameras in the special education setting as "contradicting the peer-reviewed research on context and inclusive practice" (pg. 2, 2015).  
Additional Information Summarized from Mrs. Hodge:

1.) My principal also informed me that in the morning time, her and an SLO officer are constantly monitoring around the front of the campus when students enter to the back of the campus as well.

2.) Behavior incidences involved with special education students impact the assistant principal's job more than the campus principal's job. 

3.) Parents must make a formal request to watch footage from the camera that is in a resource room.

4.)  If a parents request is granted by the district for their child to have a camera in the room they are in then the request is valid for one year and all students in the classroom with their child is notified.  The principal does not have to ask the other parents permission.  They must only notify them by law.  

5.) Informed me of a situation involving a student who was allegedly hit in the head with a toy from another classmate.  Half of the involved staff said "they think" they saw the student get hit and the other half stated "they weren't sure" if the student was hit or not.  As a result, the student did have  seizure later in the day however, the video footage showed they were not hit in the head from a toy.  It was a previous condition the student already had. 

Personal Opinion: The interview concluded with her stating she supports any law or policy that "keeps students safe" and that it is her job to "protect the adults" by keeping liability to a minimum for staff members.]]> 2019-07-15 14:11:42 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371190074 Slide 3: Professional Associations jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371202412 1. TEPSA (Texas Elementary Principals and Supervisors Association)

2. Facebook Principal Group

These supports are related to the topic of daily, monthly, and annual legal updated training pertaining to surveillance equipment in a special education resource room along with other learning resources and advocating peer collaborative advice for campus administrators.      ]]> 2019-07-15 16:19:04 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371202412 Slide 4: Pasadena ISD Teacher Allegedly Hits Student with Plastic Block jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371209479 Retrieved from:  https://www.chron.com/neighborhood/pasadena/news/article/Pasadena-teacher-hit-special-needs-student-13796051.php

The article I chose involves the termination and prosecution of Jennifer Salazar, a Special Education teacher.  Salazar formerly employed at Pasadena ISD was accused of physically striking a Special Education student with a plastic block in the classroom setting.  Rebecca Hennes, author of the article and writer of the Houston Chronicle, gives her perspective from recorded court documents.

Ms. Salazar was negligent in her duty as the classroom teacher of record to this particular student and other students as well under the interpretation of Tex. Educ. Code § 37.001(b)(2).  A crucial portion of this Statutory Law defines “harassment” as “means threatening to cause harm or bodily injury to another student.”  Ms. Salazar is under breach of contract of her district for the reasons of moral and ethical code.  Secondly, the school board builds their administrative laws from interpretations of state and federal statutory laws such as this one.

Hennes also tells her readers of other accusations of Salazar “harming other students” by “spraying the child with cleaning spray” according to co-workers and teacher aides.  There is no fundamental moral or ethical fairness that exists in this scenario because of the physical and cognitive differences that exist between the teacher and students.

A federal or state judge could accuse this teacher of having a “hit list” defined under Tex. Educ. Code § 37.001(b)(3).  If Ms. Salazar has interacted with certain students for a consistent amount of time throughout the school year, her intent to cause bodily harm to these students could have been premeditated.  This situation creates a great liability risk to the school district because of the compliance; in class operation rules and laws the teacher did not implement or follow according to the federal and state statutes.   

In conclusion, I learned how regular surveillance of blind spots on school campuses could have protected these students from bodily harm from their teacher.  Ms. Salazar was “arrested for allegedly striking a special needs student” and “a teacher’s aid assistant said she saw Salazar extend her arm as if she threw something.”  Interpreting prosecuting evidence for Ms. Salazar could have been made clearer by providing media visual evidence.

References

Tex. Educ. Code § 37.001(b)(2)

Tex Educ. Code § 37.001(b)(3)

Hennes, R. (2019).  Pasadena ISD’s teacher’s aide allegedly hits special needs student with plastic block, harmed others. Houston Chronicle.  Retrieved from:http://www.chron.com

]]> 2019-07-15 17:47:36 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371209479 Slide 5: Parents must request cameras in Texas' special education classrooms. jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371213278 The above article discusses how parents must submit an official request to their child's school in order to possible have surveillance equipment installed in their child's classroom.  Secondly, it also discusses how Texas school districts were mandated to install cameras in the classroom within one months time. 

Louis Gergierman, an advocate of special education students and host of Special Ed/504 Radio Hour brings to light the issue of schools conforming to district, state and federal law by providing a camera in a resource special education setting as long as at least one parent or legal guardian of a student that one is installed.  "At least one person in that classroom has to have it happen and if you don't they are off the hook," said Geigerman.

Cy-Fair ISD and Fort Bend ISD updated their 2016-17 student handbooks to reflect Senate Bill 507. 

Reference:

Groogan, G (2016).  Parents must request cameras in Texas' special education classrooms, Fox 26 News. Retrieved from: http://www.fox26houston.com/news/parents-must-request-cameras-in-texas-special-education-classrooms]]> 2019-07-15 18:22:38 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371213278 Slide 6: Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215476 Retrieved from: https://ww2.ed.gov/about/offices/list/ocr/504faq.html
 
Section 504 of the Rehabilitation Act of 1973 is an example of a statutory law.  This specific law provides certain rights to students with disabilities.  It also states that no student may be excluded from the benefits or participation of in any program or activity that received federal funding or financial assistance or any other executive agency.  This law has a profound effect on the inclusion of all students with disabilities. 
]]> 2019-07-15 18:48:09 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215476 Slide 7: School Districts and Charter Schools Must Place, Operate and Maintain Cameras in Settings for Students with Disabilities, Tex. Educ. Code § 29.022. jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215764 Retrieved from: https://codes.findlaw.com/tx/education-code/educ-sect-29-022.html

This statutory law is crucial because it requires school districts to place and maintain surveillance cameras inside the special education and other disabled classrooms and granting the right of the parent authorization after a pending written formal request, to view their child and learning environment they are in.  This law provides additional safety and protection for students with disabilities. ]]> 2019-07-15 18:52:42 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215764 Slide 8: Surveillance Equipment, Parents, Staff Members and Teachers Defined; Video Surveillance Equipment that the District Must Provide in Certain Special Education Settings as Authorized by Tex. Educ. Code § 29.022(a)(1), 19 T.A.C. § 103.1301 jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215934 Retrieved from: http://ritter.tea.state.tx.us/rules/tac/chapter103/ch103dd.html

This statutory law requires that districts not only follow guidelines set under Tex. Educ. Code § 29.022(a)(1) that pertains to placement, maintenance and operation of surveillance equipment to students with disabilities but also defines certain terms for purposes of Tex. Educ. Code § 29.022.  Parents, staff members, schools and certain classroom settings are examples of terms defined by 19 T.A.C. § 103.1301.  Secondly, the law also explains classrooms defined under Tex. Educ. Code § 42.151 that are not included in classroom settings covered under 19 T.A.C. § 103.1301.  Finally, this law defines video and video equipment as technology and equipment that has audio recording capabilities.  This interpretation along with the others provides a framework in campus surveillance for districts to follow in the special education classroom setting.]]> 2019-07-15 18:55:27 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215934 Slide 9: Parents, trustees, staff members on any other persons specified under the bill must request to see surveillance footage, Senate Bill 507, Texas 84th Leg. (2015). jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215985 Retrieved from:https://www.teachthevote.org/news/2015/07/15/cameras-in-the-classroom-faqs-on-senate-bill-507/

This statutory law requires school districts to provide and equip cameras and surveillance technology, defined under 19 T.A.C. § 103.1301, in self contained classrooms also defined under 19 T.A.C. § 103.1301.  The audio and video equipment must service classroom settings that have special education students that spend at least 50% of their day in that setting.  Secondly, it states footage is provided only on request to persons specified under the bill.  Persons such as parents, staff members and schools are defined under 19 T.A.C. § 103.1301.  Next, video recordings must be stored in a time period that is no less than 6 months.  Finally, the bill does not state that permission must be attained to place cameras inside these settings, however, notification must be given to all parents of children these specific classrooms. ]]> 2019-07-15 18:56:21 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371215985 Slide 10: Local Administrative Law/Policy/Rule Requesting Camera in the Classroom jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371237211 A rule that illustrates how school district are approaching video surveillance in special education resource classrooms are special considerations and rules for placing and maintaining video surveillance in special education settings. 

Retrieved from: https://pol.tasb.org/Policy/Download/909?filename=EHBAF(LOCAL).pdf

Policy: If a parent or legal guarding of a student wants to request a camera to be placed in the classroom for the following year then "A parent of a student receiving special education services and whose placement for the following school year shall be in a self-contained classroom eligible for video surveillance may request that a video camera be placed in the classroom by the end of the
current school year or by the tenth business day after the student’s admission, review, and dismissal (ARD) committee determines the
student’s placement, whichever is later. If such a request is made, the campus shall begin operation of the camera by the deadlines in law."  ]]> 2019-07-16 00:20:28 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371237211 Slide 11: Code of Ethics jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371498130 Citation: 19 TAC § 247.2 (1)(g)

Reference: Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2(1)(g)

Link: http://ritter.tea.state.tx.us/sbecrules/tac/chapter247/ch247.html#247.2

How It's Connected:  This statutory law states "the educator shall comply with state regulations, written local school board policies, and other state and federal laws."  Defined, this means that any individual that works in the public education system must adhere to federal and local laws pertaining to the placement, use and maintenance of surveillance equipment as defined under  Tex. Educ. Code § 29.022.

]]> 2019-07-18 00:02:21 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371498130 Slide 12: Non-Law Source jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371498194 Source: National Association of Elementary School Principals (NAESP)

Link: https://www.naesp.org/

How It's Connected: This resource provides up to date objective social media, advocacy, assessment and collaborate resources for the elementary school principal. The purpose is to assist this sub group of school leaders in connecting them with other individuals that have similar interests and opportunities in order to support their communities and schools. ]]> 2019-07-18 00:03:19 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371498194 Slide 13: Recommendations & Best Practices for Compliance jtullia https://padlet.com/jtullia/rkh6lixmhf2g/wish/371498209 1.) All principals must adhere and support any local or federal policy that emphasizes school safety on campus.  

2.) In order to keep liability to a minimum, effective principals must ensure that the proper staff members are trained on federal and state law; as well as the interpretation of any law connected to the definition of campus surveillance equipment and the use of it.

3.)  Principals must understand that being compliance with federal and state laws for surveillance equipment ensures that ALL students receive an opportunity to learn no matter what kind of learner they are.

4.)  In order to keep up to date with changed in the interpretation of federal and state law, it would benefit campus principals to become a part of an organization that supports them with resources.  Social media groups, websites, certain district level personnel and the districts legal team are good representations.

5.)  Other individuals that have the child's best legal and ethical interest should also be educated and informed of the federal and state laws regarding campus surveillance.  Examples are the school counselor, parents and teacher assistants.  

6.)  The effective principal understands that they may not show video footage to a parent or legal guarding without a formal request being made to the school district first.  

7.)  If a parents request is granted by the district for their child to have a camera in the room they are in then, then the request is valid for one year and all students in the classroom with their child must be notified.  The principal does not have to ask the other parents permission.  They must only notify them per statutory law.  ]]> 2019-07-18 00:03:27 UTC https://padlet.com/jtullia/rkh6lixmhf2g/wish/371498209