AL
Alabama Senate Bill SB56

Alabama 2023 Regular Session

Alabama Senate Bill SB56 Compare Versions

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44 By Senators Orr, Coleman-Madison, Scofield, Hatcher, Jones,
55 Albritton, Melson, Waggoner, Allen, Barfoot, Butler, Elliott,
66 Weaver, Sessions, Williams, Chesteen, Figures, Kelley,
77 Singleton
88 RFD: Education Policy
99 First Read: 07-Mar-23
10-2023 Regular Session
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17+8 OQ2UMW-1 01/09/2023 GP (L) ma 2022-5083
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20-Enrolled, An Act,
19+SYNOPSIS:
20+This bill would require local boards of
21+education to provide for the use and maintenance of
22+video cameras in public K-12 classrooms in which at
23+least half of the regularly attending students receive
24+special education services.
25+A BILL
26+TO BE ENTITLED
27+AN ACT
2128 Relating to public K-12 schools; to add Section
2229 16-39-13 to the Code of Alabama 1975; to require local boards
2330 of education to install, maintain, and operate video cameras
2431 in certain self-contained classrooms providing special
25-education services, if the funding to do so is available; and
26-to provide protections for the use of video recordings.
32+education services; and to provide protections for the use of
33+video recordings.
2734 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28-Section 1. This act may be known and cited as Tyler's
29-Law.
30-Section 2. Section 16-39-13 is added to the Code of
35+Section 1. Section 16-39-13 is added to the Code of
3136 Alabama 1975, to read as follows:
3237 ยง16-39-13.
3338 (a) For the purposes of this section, the following
3439 words have the following meanings:
3540 (1) SELF-CONTAINED CLASSROOM. A public K-12 classroom
36-in which at least half of the students in regular attendance
37-are provided special education services. This term includes
38-any room attached to the classroom where special education
39-services are provided and any calm down rooms, sensory rooms,
40-and common areas.
41-(2) SPECIAL EDUCATION SERVICES. Educational instruction
42-and special services provided to students pursuant to Section
43-16-39-3.
44-(b)(1) In order to promote classroom and student
45-safety, each local board of education in the state, if the
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75-funding is available, may provide, place, operate, and
76-maintain video cameras in each self-contained classroom under
77-the jurisdiction of the board in which at least half of the
78-students are provided special education services. If a
79-specific donation is made to a local board of education for
80-the purpose of placing and operating video cameras pursuant to
81-this section, then the local board of education shall install
82-video cameras as required by this section. If video cameras
83-are used in a classroom, the board of education shall provide
84-enough video cameras so that all areas of the self-contained
85-classroom may be recorded, to the extent that funding is
86-available to do so. The video cameras shall record audio and
87-video during school hours and at any time a student is present
88-in the self-contained classroom.
70+in which at least half of the students in regular attendance
71+are provided special education services. This term includes
72+any room attached to the classroom where special education
73+services are provided and any calm down rooms, sensory rooms,
74+and common areas.
75+(2) SPECIAL EDUCATION SERVICES. Educational instruction
76+and special services provided to students pursuant to Section
77+16-39-3.
78+(b)(1) In order to promote student safety, each local
79+board of education in the state shall provide, place, operate,
80+and maintain video cameras in each self-contained classroom
81+under the jurisdiction of the board in which at least half of
82+the students are provided special education services. The
83+local board of education shall provide enough video cameras so
84+that all areas of the self-contained classroom may be
85+recorded. The video cameras shall record audio and video
86+during school hours and at any time a student is present in
87+the self-contained classroom.
8988 (2) A video camera placed in a self-contained classroom
9089 may not monitor a restroom or any other area where a student
9190 changes his or her clothes, except for incidental monitoring
9291 of a minor portion of a restroom or changing area because of
9392 the inherent layout of the self-contained classroom.
9493 (3) Each local board of education shall provide written
9594 notice of the placement of video cameras to each parent or
9695 legal guardian of any student assigned to a self-contained
9796 classroom where video cameras are installed.
9897 (c)(1) All video and audio recordings of students made
99-pursuant to this section are confidential and shall not be
100-released or viewed, except as provided in subdivision (2) and
101-where the release or viewing is otherwise consistent with the
102-federal Family Educational Rights and Privacy Act of 1974
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127+pursuant to this section are confidential and shall not be
128+released or viewed, except as provided in subdivision (2) and
129+where the release or viewing is otherwise consistent with the
130+federal Family Educational Rights and Privacy Act of 1974
132131 (FERPA) and state law.
133-(2) In the event an incident of alleged abuse, neglect,
134-harassment, or other inappropriate behavior has been reported
135-to the local superintendent of education or the principal of
136-the school, the video or audio recordings that document the
137-alleged abuse, neglect, harassment, or other inappropriate
138-behavior shall be provided to the following individuals upon
139-request:
132+(2) In the event an incident of alleged abuse or
133+neglect of a student has been reported to the local board of
134+education or the principal of the school, the video or audio
135+recordings that document the alleged abuse or neglect shall be
136+provided to the following individuals upon request:
140137 a. Any employee who is involved in the alleged incident
141-of abuse, neglect, harassment, or other inappropriate
142-behavior.
138+of abuse or neglect.
143139 b. Each parent or legal guardian of any student who is
144-involved in the alleged incident of abuse, neglect,
145-harassment, or other inappropriate behavior.
140+involved in the alleged incident of abuse or neglect.
146141 c. The employee or administrator designated by the
147-local superintendent of education to investigate the alleged
148-incident of abuse, neglect, harassment, or other inappropriate
149-behavior.
142+local board of education to investigate the alleged incident
143+of abuse or neglect.
150144 d. Appropriate law enforcement officers and state
151145 agency officials who are investigating the report of an
152-alleged incident of abuse, neglect, harassment, or other
153-inappropriate behavior.
146+alleged incident of abuse or neglect.
154147 e. Legal counsel representing any of the listed
155-individuals or the local board of education.
156-f. An investigator retained by any of the listed
157-individuals or the local board of education.
148+individuals.
158149 (3) A contractor or employee performing job duties
159150 relating to the installation, operation, or maintenance of
151+video equipment or retention of video or audio recordings, who
152+incidentally views a video recording of an alleged incident of
153+abuse or neglect, may not be found in violation of this
154+section.
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189-video equipment or retention of video or audio recordings, who
190-incidentally views a video recording of an alleged incident of
191-abuse, neglect, harassment, or other inappropriate behavior
192-may not be found in violation of this section.
193184 (d) The local board of education shall retain all audio
194185 and video recordings for at least three months after the date
195186 of recording, subject to the following:
196187 (1) If the minimum three-month period overlaps with the
197188 summer break occurring between the last day of one
198189 instructional term and the first day of the next instructional
199190 term, the minimum three-month period shall be extended by the
200191 number of days occurring between the two instructional terms.
201-(2) If an alleged incident of abuse, neglect,
202-harassment, or other inappropriate behavior has been reported
203-to the local superintendent of education or school principal,
192+(2) If an alleged incident of abuse or neglect has been
193+reported to the local board of education or school principal,
204194 the video and audio recordings shall be retained until the
205195 completion of all investigations, administrative proceedings,
206196 and legal proceedings relating to the alleged incident of
207-abuse, neglect, harassment, or other inappropriate behavior,
208-including the exhaustion of all appeals.
197+abuse or neglect, including the exhaustion of all appeals.
209198 (e) A video or audio recording made pursuant to this
210199 section may not be used for any of the following:
211200 (1) Routine teacher evaluations.
212201 (2) Regular or continued monitoring of a classroom,
213202 including through a live stream.
214203 (3) Any purpose that does not conform to this section.
215204 (f)(1) This section may not be interpreted to limit the
216205 access of a student's parent or legal guardian to a video
206+recording viewable under FERPA, or any other law.
207+(2) The local board of education shall take necessary
208+precautions to conceal the identity of any student who appears
209+in a video or audio recording who is not personally involved
210+in the alleged incident of abuse or neglect, including,
211+without limitation, blurring the face of any uninvolved
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246-recording viewable under FERPA, or any other law.
247-(2) The local board of education shall take necessary
248-precautions to conceal the identity of any student who appears
249-in a video or audio recording who is not personally involved
250-in the alleged incident of abuse, neglect, harassment, or
251-other inappropriate behavior, including, without limitation,
252-blurring the face of any uninvolved student.
253- Section 3. This act shall become effective on the
241+student.
242+Section 2. This act shall become effective on the
254243 first day of the third month following its passage and
255244 approval by the Governor, or its otherwise becoming law.
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267-________________________________________________
268-President and Presiding Officer of the Senate
269-________________________________________________
270-Speaker of the House of Representatives
271-SB56
272-Senate 23-Mar-23
273-I hereby certify that the within Act originated in and passed
274-the Senate, as amended.
275-Patrick Harris,
276-Secretary.
277-House of Representatives
278-Amended and passed: 31-May-23
279-Senate concurred in House amendment 31-May-23
280-By: Senator Orr
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