SB56INTRODUCED
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OQ2UMW-1
By Senators Orr, Coleman-Madison, Scofield, Hatcher, Jones,
Albritton, Melson, Waggoner, Allen, Barfoot, Butler, Elliott,
Weaver, Sessions, Williams, Chesteen, Figures, Kelley,
Singleton
RFD: Education Policy
First Read: 07-Mar-23
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8 OQ2UMW-1 01/09/2023 GP (L) ma 2022-5083
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SYNOPSIS:
This bill would require local boards of
education to provide for the use and maintenance of
video cameras in public K-12 classrooms in which at
least half of the regularly attending students receive
special education services.
A BILL
TO BE ENTITLED
AN ACT
Relating to public K-12 schools; to add Section
16-39-13 to the Code of Alabama 1975; to require local boards
of education to install, maintain, and operate video cameras
in certain self-contained classrooms providing special
education services; and to provide protections for the use of
video recordings.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-39-13 is added to the Code of
Alabama 1975, to read as follows:
ยง16-39-13.
(a) For the purposes of this section, the following
words have the following meanings:
(1) SELF-CONTAINED CLASSROOM. A public K-12 classroom
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in which at least half of the students in regular attendance
are provided special education services. This term includes
any room attached to the classroom where special education
services are provided and any calm down rooms, sensory rooms,
and common areas.
(2) SPECIAL EDUCATION SERVICES. Educational instruction
and special services provided to students pursuant to Section
16-39-3.
(b)(1) In order to promote student safety, each local
board of education in the state shall provide, place, operate,
and maintain video cameras in each self-contained classroom
under the jurisdiction of the board in which at least half of
the students are provided special education services. The
local board of education shall provide enough video cameras so
that all areas of the self-contained classroom may be
recorded. The video cameras shall record audio and video
during school hours and at any time a student is present in
the self-contained classroom.
(2) A video camera placed in a self-contained classroom
may not monitor a restroom or any other area where a student
changes his or her clothes, except for incidental monitoring
of a minor portion of a restroom or changing area because of
the inherent layout of the self-contained classroom.
(3) Each local board of education shall provide written
notice of the placement of video cameras to each parent or
legal guardian of any student assigned to a self-contained
classroom where video cameras are installed.
(c)(1) All video and audio recordings of students made
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pursuant to this section are confidential and shall not be
released or viewed, except as provided in subdivision (2) and
where the release or viewing is otherwise consistent with the
federal Family Educational Rights and Privacy Act of 1974
(FERPA) and state law.
(2) In the event an incident of alleged abuse or
neglect of a student has been reported to the local board of
education or the principal of the school, the video or audio
recordings that document the alleged abuse or neglect shall be
provided to the following individuals upon request:
a. Any employee who is involved in the alleged incident
of abuse or neglect.
b. Each parent or legal guardian of any student who is
involved in the alleged incident of abuse or neglect.
c. The employee or administrator designated by the
local board of education to investigate the alleged incident
of abuse or neglect.
d. Appropriate law enforcement officers and state
agency officials who are investigating the report of an
alleged incident of abuse or neglect.
e. Legal counsel representing any of the listed
individuals.
(3) A contractor or employee performing job duties
relating to the installation, operation, or maintenance of
video equipment or retention of video or audio recordings, who
incidentally views a video recording of an alleged incident of
abuse or neglect, may not be found in violation of this
section.
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(d) The local board of education shall retain all audio
and video recordings for at least three months after the date
of recording, subject to the following:
(1) If the minimum three-month period overlaps with the
summer break occurring between the last day of one
instructional term and the first day of the next instructional
term, the minimum three-month period shall be extended by the
number of days occurring between the two instructional terms.
(2) If an alleged incident of abuse or neglect has been
reported to the local board of education or school principal,
the video and audio recordings shall be retained until the
completion of all investigations, administrative proceedings,
and legal proceedings relating to the alleged incident of
abuse or neglect, including the exhaustion of all appeals.
(e) A video or audio recording made pursuant to this
section may not be used for any of the following:
(1) Routine teacher evaluations.
(2) Regular or continued monitoring of a classroom,
including through a live stream.
(3) Any purpose that does not conform to this section.
(f)(1) This section may not be interpreted to limit the
access of a student's parent or legal guardian to a video
recording viewable under FERPA, or any other law.
(2) The local board of education shall take necessary
precautions to conceal the identity of any student who appears
in a video or audio recording who is not personally involved
in the alleged incident of abuse or neglect, including,
without limitation, blurring the face of any uninvolved
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student.
Section 2. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.
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