Is it legal to film students on Texas campuses without parental consent? Here’s the law
Questions about the legality of filming students in Texas classrooms are being raised after a film crew was found recording students for a documentary without district permission.
Keller ISD school board trustee Sandi Walker resigned over the weekend after accompanying a Dutch film crew on campus at Central High School earlier this month. The film crew was from Evangelische Omroep, a Netherlands-based evangelical network who previously produced the documentary, “God, Jesus, Trump!”.
“I recently participated in a foreign documentary focused on public schools in Texas,” Walker wrote in a now-deleted Facebook post. “Some filming took place while students were present. I take safety and privacy of our students seriously. I apologize for allowing students to be captured on film.”
Keller ISD officials said they are taking “proactive” steps to protect the safety and privacy of students. The production company has reassured district officials that no students or teachers will be visible in the documentary.
What exactly does the law say about filming students on Texas campuses? Here’s what we know:
Is it legal to film students on Texas campuses without parental consent?
In some instances, yes.
Under Texas Education Code section 26.009, a school district employee is not required to obtain consent from a child’s parents before filming the student if the video recording is being used for:
- The purposes of safety or discipline.
- A purpose related to an extracurricular activity.
- A purpose related to regular classroom instruction.
- Media coverage of the school.
- A purpose related to the promotion of student safety.
When is parental consent needed to film students on Texas campuses?
There a couple instances where parental consent is required.
Texas Education Code section 26.009 also states that a school district employee must obtain written consent from a child’s parent before they:
- Conduct a psychological examination, test, or treatment, unless the exam is required under section 38.004, which covers child abuse.
- Make or authorize the making of a videotape of a child, or record or authorize the recording of a child’s voice.
