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Cameras in Certain Special Education Classrooms Policy Review��Special Education Advisory Council Meeting

October 13, 2022

Vickey Silas, Presenter

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Disclaimer

This presentation does not constitute legal advice or a legal opinion on any matter discussed. This presentation is for educational purposes only.

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Background Information

The 2022 Louisiana Legislature passed/amended La. R.S. 17:1948 and Act No. 588.

This law requires public School Boards to approve/adopt a policy and related procedures by December 31, 2022.

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What has been the issue with the law?

The 2021 Louisiana Legislature originally passed the law regarding cameras in the classroom. The delay in school districts implementing the regulation was due to a lack of budgeted funding/legislative appropriation to support this initiative.

Hence, the 2022 LA Legislature passage of Act 167 states:

Notwithstanding any provision of the law to the contrary, the state treasurer is hereby authorized and directed to transfer $8,000,000 from the State General Fund to the Special Education Classroom Monitoring Fund.

… monies in the fund shall be solely used for the installation of cameras in classrooms as provided for in R.S. 17:3996(B)(65).

** The funding for this law was released to districts as of 9/23/2022.

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Who can request an audio/video camera in a special education classroom or setting?

The law requires that a parent or legal guardian may request the installation of a audio/video camera only for the self-contained classroom in which the parent/legal guardian’s child is in regular attendance for at least 50% of the instructional day.

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Does this policy apply to all Special Education classrooms and settings?

No. This law only applies to “certain” self-contained classrooms and other special education settings. For purposes of La. R.S. 17:1948, self-contained and other settings is defined as…

A classroom on a regular school campus (i.e., a campus that serves students in general education and students in special education), including a room attached to the classroom, in which the Requestor’s child and majority of other students in regular attendance are provided special education and related services for at least 50 percent of the instructional day. A resource room instructional arrangement does not meet the definition of a Self-contained Classroom, although students who attend resource rooms for part of the school day may also be educated in a Self-contained Classroom.

This law does not include settings wherein students are classified under Bulletin 1508 as Gifted or Talented, who do not also have a disability under Bulletin 1508, and receive services.

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Does a parent/legal guardian have the right to say “NO” to video monitoring?

No. The law does not grant a parent/legal guardian that right.

The law does however, require school districts to provide parents with written notice before cameras become operational in a classroom.

Prior to placing a camera in a classroom/setting. Written notice MUST be provided to:

Parents/legal guardians of students in the classroom;
Classroom teachers and service providers
Authorized visitors to the classroom

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Will there be cameras in every classroom?

No. Audio/video recordings are not required in every classroom that a student receiving special education services might “visit” during the school day. Rather, the duty to record audio/video depends on whether the location meets the legal criteria based on the student’s classroom of regular attendance.

This law will not impact ancillary teachers such as PE, Art, Music, etc.

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Where must a district place and operate camera equipment and when must the equipment be in use?

Cameras must cover all areas of the classroom except bathrooms or changing areas. (Only audio will be recorded in these areas)

Cameras must be operational when students (one or more) are in the room/setting.

Camera requests remain valid for one (1) year; a new request is required each school year.

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How will district’s retain, store or dispose of the recordings?

Recordings must be retained for at least thirty (30) days after the date recorded. Recordings may be retained for a longer period if appropriately and timely requested in response to legal proceedings.

Audio/video recordings shall be stored in a safe and secure manner whether on on-site or off-site servers or in cloud storage.

Accepted methods will be used for proper disposal.

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How will the district monitor the equipment/recordings?

Monitoring of the audio/video equipment will be conducted each semester.

The audio/video recordings are to be used for the sole purpose of student safety.

The recordings are not intended for use in assessing teacher quality, IEP implementation, or other services.

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Will there be training for teachers?

In accordance with the law, training:

MUST be provided to any teacher or other school employee who provides services in a classroom where cameras are installed/operated.

There is no specific content required but the training will cover basic provisions of the law such as confidentiality and mandated reporting.

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How will the district protect student confidentiality and privacy?

A recording of a student is confidential and may not be released or viewed except as part of a complaint or investigation.

A recording…

is not subject to the Public Records Act;
is not subject to La. R.S. 17:3914 – Personally Identifiable Information (PII);
is subject to the Family Educational Rights & Privacy Act (FERPA).

Louisiana law requires that the school district:

Will determine to whom and under what circumstances recordings may be disclosed;

Limit the viewing of the recordings to the Superintendent or his designee and the parent(s)/legal guardian(s) of a recorded student upon request;

Require any person who views a recording and suspects violation of state or federal law to report the suspected violation to the appropriate law enforcement agency.

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Who can request to view the audio/video recording?

The recording may be viewed by:

A designated employee, parent or legal guardian (upon request) who is involved in a documented incident for which a complaint has been reported to the district.

Appropriate law enforcement personnel as part of an investigation of abuse, neglect, or inappropriate sexual behavior from staff or other students.

The images of other students must be blurred and voices altered when video/audio recordings are released for viewing.

Viewing does not authorize re-recording. No recordings are permitted by persons viewing the camera footage.

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What is the role of the Designated District Representative?

The DDR is the person appointed by the Superintendent to facilitate the receipt and acknowledgement of requests for the use of cameras in the special education classroom.

This position is responsible for the coordination of district efforts to finance, purchase, install, and operate the cameras in accordance with regulations set forth in La. R.S. 17:1948.

Additionally, this position is responsible for coordinating with the district on the appropriate storage mechanisms used to house the camera’s data as well as facilitating requests to view footage from eligible requestors.

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What should you do if you believe a possible violation of law has occurred?

• If a person viewing the video believes the recording documents a possible violation of law, the person must notify the appropriate law enforcement authority.

• If a recording documents a violation of school board or school policy, it could be used as part of a disciplinary action against school district or contracted personnel and could be released at the request of the student's parent or guardian in a legal proceeding.

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Are parents/legal guardians allowed to appeal the decisions of the DDR?

If someone disagrees with the district’s decision to deny a request for camera installation or not to release a video for viewing:

The school district will, but is not required, to provide a grievance/complaint process for final decisions.

Procedures for approval or disapproval of requests for installation and limitations on viewing are the decision of the school district’s under the law.

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Do the cameras in certain self-contained classrooms law apply to charter schools?

A charter school shall not be exempt from all statutory mandates or other statutory requirements as related to Cameras in special education classrooms, R.S. 17:1948

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What is the general procedure for the installation of cameras?

A parent or legal guardian may submit a written request to the Superintendent or his/her DDR to have an audio/video camera installed in a self-contained special education classroom.
Acknowledgement of Request for Camera Installation will be sent to the eligible requestor within 5-7 days.
The determination letter approving or denying the request will be sent within 10 days.
Anticipated installation of cameras is within 30 days. The district will inform the requestor if the time frame for installation will be within 45 days.
Written notice will be sent to the parents or legal guardians of the students and the school employees in the classroom where the camera is installed.
Notice sign on camera use will be posted outside of the classroom where the camera is installed.
A renewal notice must be sent by an eligible requestor if operation of audio/ video equipment is desired for the subsequent school year.

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What is the general procedure for requesting to review audio/video recordings?

A parent or legal guardian/ eligible requestor of a student in a special education classroom, with an installed camera, may request to review the audio and video recordings for a particular day, or days, in connection with an incident or investigation.
The parent completes the designated form no later than five (5) days after a parent becomes aware of an alleged incident.
A letter of approval or denial will be sent within 10 days. Parent may appeal a denied request to the General Counsel within 5 days.
Parent will work with the District Designated Representative on the specific date and time when the recordings will be viewed.
Recording is strictly prohibited while viewing.

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What are the district’s procedures for responding to my request?

The Designated Representative will notify the Eligible Requestor of receipt of the request.
After receiving the request to install the camera, a determination will be made.
If approved, the Designated Representative will notify the Eligible Requestor of the timeframe to install the camera in the classroom.

Where can I fill out the forms to request the installation of the camera and/or viewing the video recording?

After Board adoption, all procedures and forms to comply with this rule may be accessed on the district’s website under the Exceptional Student Services page linked here. https://ebrschools.org/academics/#ess

What is the definition of a “self-contained classroom or other special education setting”?

A self-contained classroom is a classroom in which the Requestor’s child and majority of other students in regular attendance are provided special education services for at least 50% of the instructional day. A resource room DOES NOT meet the definition of a self-contained classroom.

Who is an Eligible Requestor?

An eligible requestor is identified as a parent/legal guardian of a student with a disability who receives instruction in a self-contained or other special education classroom for at least 50% of the instructional day.

Frequently Asked Questions

Where must a district place and operate camera equipment?

If an Eligible Requestor requests surveillance, the district is only obligated to place and operate an audio/visual camera in the classroom or setting to which the relevant student or staff member is assigned.

As a precautionary measure, video recording WILL NOT be placed in restrooms or changing rooms to protect the privacy of students. Conversely, audio WILL be heard in these settings.