Florida 2024 Regular Session

Florida House Bill H1505 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1505 2024
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to video cameras in public school 2
16	16	classrooms; amending s. 1003.574, F.S.; deleting 3
17	17	references to the Video Cameras in Public School 4
18	18	Classrooms Pilot Program; deleting an obsolete 5
19	19	definition; requiring a district school board to vote 6
20	20	to establish a policy to provide video cameras in 7
21	21	self-contained classrooms upon the request of a 8
22	22	parent; providing an effective date. 9
23	23	10
24	24	Be It Enacted by the Leg islature of the State of Florida: 11
25	25	12
26	26	Section 1. Section 1003.574, Florida Statutes, is amended 13
27	27	to read: 14
28	28	1003.574 Video cameras in public school classrooms ; pilot 15
29	29	program.—Beginning with the 2021 -2022 school year, the Video 16
30	30	Cameras in Public School Clas srooms Pilot Program is created for 17
31	31	a period of 3 school years. 18
32	32	(1) As used in this section, the term: 19
33	33	(a) "Incident" means an event, a circumstance, an act, or 20
34	34	an omission that results in the abuse or neglect of a student 21
35	35	by: 22
36	36	1. An employee of a pub lic school or school district; or 23
37	37	2. Another student. 24
38	38	(b) "School district" means the Broward County Public 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	Schools. 26
52	52	(b)(c) "Self-contained classroom" means a classroom at a 27
53	53	public school in which a majority of the students in regular 28
54	54	attendance are provided special education services and are 29
55	55	assigned to one or more such classrooms for at least 50 percent 30
56	56	of the instructional day. 31
57	57	(2)(a) Each district's school board shall vote to 32
58	58	establish a policy to provide video cameras in self -contained 33
59	59	classrooms if requested by a parent under paragraph (b). 34
60	60	(b)(a) If a district school board votes to implement a 35
61	61	policy to provide cameras in self -contained classrooms, the A 36
62	62	school district shall provide a video camera to any school with 37
63	63	a self-contained classroom upon the written request of a parent 38
64	64	of a student in the classroom. 39
65	65	(c)(b) Within 30 days after receipt of the request from a 40
66	66	parent, a video camera must shall be operational in each self -41
67	67	contained classroom in which the parent's student is in regula r 42
68	68	attendance for the remainder of the school year, unless the 43
69	69	parent withdraws his or her request in writing. 44
70	70	(3) If the student who is the subject of the initial 45
71	71	request is no longer in attendance in the classroom and a school 46
72	72	discontinues operation of a video camera during a school year, 47
73	73	no later than the 5th school day before the date the operation 48
74	74	of the video camera is discontinued, the school must notify the 49
75	75	parents of each student in regular attendance in the classroom 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	that operation of the video c amera will cease unless the 51
89	89	continued use of the camera is requested by a parent. No later 52
90	90	than the 10th school day before the end of each school year, the 53
91	91	school must notify the parents of each student in regular 54
92	92	attendance in the classroom that operation of the video camera 55
93	93	will not continue during the following school year unless a 56
94	94	written request is submitted by a parent for the next school 57
95	95	year. 58
96	96	(4)(a) A video camera placed in a self -contained classroom 59
97	97	must be capable of all of the following: 60
98	98	1. Monitoring all areas of the self -contained classroom, 61
99	99	including, without limitation, any room attached to the self -62
100	100	contained classroom which is used for other purposes. 63
101	101	2. Recording audio from all areas of the self -contained 64
102	102	classroom, including, without limitation, any room attached to 65
103	103	the self-contained classroom which is used for other purposes. 66
104	104	(b) A video camera placed in a self -contained classroom 67
105	105	may not monitor a restroom or any other area in the self -68
106	106	contained classroom where a student changes his or her clothes, 69
107	107	except for the entryway, exitway, or hallway outside a restroom 70
108	108	or other area where a student changes his or her clothes because 71
109	109	of the layout of the self -contained classroom. 72
110	110	(c) A video camera placed in a self -contained classroom is 73
111	111	not required to be in operation when students are not present in 74
112	112	the self-contained classroom. 75
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125	125	(d) If there is an interruption in the operation of the 76
126	126	video camera for any reason, an explanation must be submitted in 77
127	127	writing to the school principal and t he district school board 78
128	128	which explains the reason for and duration of the interruption. 79
129	129	The written explanation must be maintained at the district 80
130	130	school board office for at least 1 year. 81
131	131	(5) Before a school initially places a video camera in a 82
132	132	self-contained classroom pursuant to this section, the school 83
133	133	shall provide written notice of the placement of such video 84
134	134	camera to all of the following: 85
135	135	(a) The parent of each student who is assigned to the 86
136	136	self-contained classroom. 87
137	137	(b) Each student who is as signed to the self-contained 88
138	138	classroom. 89
139	139	(c) The school district. 90
140	140	(d) Each school employee who is assigned to work with one 91
141	141	or more students in the self -contained classroom. 92
142	142	(6) A school shall: 93
143	143	(a) Retain video recorded from a video camera placed 94
144	144	pursuant to this section for at least 3 months after the date 95
145	145	the video was recorded, after which the recording must shall be 96
146	146	deleted or otherwise made irretrievable unretrievable; or 97
147	147	(b) Retain the recording until the conclusion of any 98
148	148	investigation or any administrative or legal proceedings that 99
149	149	result from the recording have been completed, including, 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
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162	162	without limitation, the exhaustion of all appeals. 101
163	163	(7) A school or school district may not: 102
164	164	(a) Allow regular, continuous, or continual monitoring of 103
165	165	video recorded under this section; or 104
166	166	(b) Use video recorded under this section for teacher 105
167	167	evaluations or any purpose other than for ensuring the health, 106
168	168	safety, and well-being of students receiving special education 107
169	169	services in a self-contained classroom. 108
170	170	(8) The principal of the school is the custodian of a 109
171	171	video camera operated pursuant to this section, all recordings 110
172	172	generated by that video camera, and access to such recordings. 111
173	173	(a) The release or viewing of any video recording under 112
174	174	this section must comply with s. 1002.22. 113
175	175	(b) A school or school district shall: 114
176	176	1. Conceal the identity of any student who appears in a 115
177	177	video recording, but is not involved in the alleged incident 116
178	178	documented by the video recording, which the school allows to be 117
179	179	viewed under subsection (9), including, without limitation, 118
180	180	blurring the face of the uninvolved student. 119
181	181	2. Protect the confidentiality of all student records 120
182	182	contained in a video recording in accordance with s. 1002.22. 121
183	183	(9)(a) Within 7 days after receiv ing a request to view a 122
184	184	video recording, a school or school district shall allow the 123
185	185	following individuals to view a video recording made under this 124
186	186	section: 125
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193	193	hb1505-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	1. A school or school district employee who is involved in 126
200	200	an alleged incident that is documente d by the video recording as 127
201	201	part of the investigative process; 128
202	202	2. A parent of a student who is involved in an alleged 129
203	203	incident that is documented by the video recording and has been 130
204	204	reported to the school or school district; 131
205	205	3. A school or school distr ict employee as part of an 132
206	206	investigation into an alleged incident that is documented by the 133
207	207	video recording and has been reported to the school or school 134
208	208	district; 135
209	209	4. A law enforcement officer as part of an investigation 136
210	210	into an alleged incident that is documented by the video 137
211	211	recording and has been reported to the law enforcement agency; 138
212	212	or 139
213	213	5. The Department of Children and Families as part of a 140
214	214	child abuse or neglect investigation. 141
215	215	(b) A person who requests to view a recording must shall 142
216	216	make himself or herself available for viewing the recording 143
217	217	within 30 days after being notified by the school or school 144
218	218	district that the person's request has been granted. 145
219	219	(c) A person who views the recording and suspects that 146
220	220	child abuse has occurred must report the suspected child abuse 147
221	221	to the Department of Children and Families. 148
222	222	(10)(a) Any individual may appeal to the State Board of 149
223	223	Education an action by a school or school district which the 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	individual alleges to be in violation of this section. 151
237	237	(b) The state board shall grant a hearing on an appeal 152
238	238	under this subsection within 45 days after receiving the appeal. 153
239	239	(11) A school or school district does not violate 154
240	240	subsection (8) if a contractor or other employee of the school 155
241	241	or school district incidentally views a video recording made 156
242	242	under this section in connection with the performance of his or 157
243	243	her duties related to either of the following: 158
244	244	(a) The installation, operation, or maintenance of video 159
245	245	equipment; or 160
246	246	(b) The retention of video recordings. 161
247	247	(12) This section does not: 162
248	248	(a) Limit the access of the parent of a student, under the 163
249	249	Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 164
250	250	1232g, or any other law, to a video recording regarding his or 165
251	251	her student. 166
252	252	(b) Waive any immunity f rom liability of a school district 167
253	253	or an employee of a school district. 168
254	254	(c) Create any liability for a cause of action against a 169
255	255	school or school district or an employee of a school or school 170
256	256	district carrying out the duties and responsibilities required 171
257	257	by this section. 172
258	258	(d) Apply to self-contained classrooms in which the only 173
259	259	students receiving special education services are those who have 174
260	260	been deemed gifted. 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	(13) The department shall collect information relating to 176
274	274	the installation and maintenance o f video cameras under this 177
275	275	section. 178
276	276	(14) The State Board of Education may adopt rules to 179
277	277	implement this section. 180
278	278	Section 2. This act shall take effect July 1, 2024. 181