Nevada Bill Seeks Cameras in Special Ed Classrooms, Just as Texas Reworks Its First-in-the-Nation Law
Olivia Espinoza’s son, who is autistic and nonverbal, was subjected to abuse while attending an elementary school in Las Vegas in 2014. His special education teacher physically assaulted him by pushing, grabbing, slapping his hands, and throwing him to the ground. Due to his inability to communicate, he was unable to inform anyone about the abuse.
Espinoza, who has sued the Clark County School District, expressed her frustration with the lack of information about her son’s school experiences. She compared it to her typical daughter who readily shares her daily activities.
After several teachers’ aides reported the abuse, the teacher responsible, James Doran, pleaded guilty to battery. In response to this incident, Espinoza is now urging Nevada lawmakers to pass a bill that would require cameras in self-contained special education classrooms where over half of the students are nonverbal.
Proposed by Republican state Sen. Becky Harris in March, this bill would make Nevada the third state to implement such regulations. Harris explained that she was motivated by parents who reported instances of abuse and emphasized that the legislation would also protect teachers from false accusations.
Harris commented on the challenges faced by teachers who have no means of documenting incidents that occur in the classroom. For example, instances where one child throws objects at another or expresses frustration by throwing themselves on the floor or against furniture. The lack of evidence makes it difficult to address these situations effectively.
Lindsay Anderson, the government affairs director in the Washoe County School District, understands the potential benefits of this legislation for both students and teachers who may face wrongful accusations. However, the district opposes the bill as it does not allocate state funding for the necessary equipment.
The Clark County School District, in response to a request for comment from , provided a transcript of officials testifying before lawmakers. The district highlighted concerns regarding the expenses associated with the legislation, covering equipment costs, maintenance, and storage of video footage.
While Nevada continues to debate the merits of the bill, including its impact on district finances and student privacy, Texas, the first state to pass a law requiring cameras in special education classrooms in 2015, may soon revisit its legislation.
Just like the camera bill proposed in Nevada, Texas’s law originated from a parent advocate. Breggett Rideau, whose son has a significant cognitive disability, discovered his injuries when he came home from Keller Middle School near Fort Worth covered in blood. Over the years, he experienced a head injury, dislocated knee, and broken thumb.
After a school employee reported that the boy’s teacher physically abused him, screamed at him, and even ate part of his lunch, Rideau filed a lawsuit. In 2013, a federal court awarded the family $1 million. Rideau subsequently embarked on a campaign to install cameras in special education classrooms, which proved successful in 2015.
Rideau expressed her determination to protect not only her child but also other vulnerable children who could potentially be targeted by predators. She raised concerns about the lack of witnesses to report incidents that occur within the classroom.
Texas’s law, implemented this school year, mandates school districts to equip self-contained special education classrooms with cameras upon a request from a parent or school official. Georgia also passed similar legislation last year, but participation by schools is voluntary.
However, in Texas, the state’s Attorney General, Ken Paxton, ruled in September that schools must install cameras in special education classrooms districtwide if even a single request is received. Some school districts, including Amarillo Independent School District, expressed concerns about the financial burden associated with the installation and maintenance of surveillance equipment. For example, Amarillo estimated a cost of $500,000 for equipping all 75 classrooms.
Sarah Orman, a senior attorney at the Texas Association of School Boards, referred to the ruling as an "unfunded mandate" and explained that districts find the costs unsustainable. Nicole Ray, a spokesperson for the Cypress-Fairbanks Independent School District, projected a cost of $3 million to $5 million for installing cameras in all their special education classrooms. While acknowledging the potential benefits of cameras in providing reassurance to families and educators, Ray mentioned that the ruling was an opinion, leading to the installation of devices only upon specific requests.
To date, the district has received 18 requests for cameras and has installed 23 devices due to students transitioning between rooms during the day.
A spokesperson for the Keller Independent School District chose not to provide a comment on the law.
The issue of installing cameras in self-contained classrooms is a topic that divides special education advocates across the nation. The National Autism Association released a report in 2012 stating that having cameras in these classrooms can enhance the safety of children and potentially save money for taxpayers by providing clarity in investigations regarding abuse.
However, TASH, an organization that advocates for individuals with disabilities, argues that surveillance can have unintended negative consequences. In a white paper published in 2015, TASH reported that cameras can discourage efforts to integrate special needs children into general education classrooms.
The TASH report states that placing video cameras in segregated settings could lead to pressuring parents to agree to their children being placed in these settings under the rationale that they are the safest option. TASH also claims that the cameras can create mistrust between teachers and students and may result in abuse occurring in areas outside the camera’s reach.
As a result of Attorney General Ken Paxton’s opinion, Texas state Senator Eddie Lucio Jr., a Democrat who initially proposed the legislation, is now rushing to find a solution. He introduced a new bill this year that, if passed, would restrict the use of cameras to specific classrooms based on individual requests.
Lucio believes that Paxton’s interpretation of the law goes beyond the original legislative intent. By limiting the use of cameras to specific requests, he believes it will significantly reduce costs for districts, addressing their main concern.
While districts work towards complying with the law, Orman, a spokesperson for the Texas Classroom Teachers Association, cautions officials to not rely solely on the new equipment for a false sense of security. She emphasizes the importance of reporting any instances of misconduct within schools, and hopes that administrators can address concerns while also installing the necessary cameras as mandated by the law.
