Florida 2025 Regular Session

Florida House Bill H0257 Latest Draft

Bill / Comm Sub Version Filed 03/26/2025

                               
 
CS/HB 257  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to exceptional students and video 2 
cameras in public schools; amending s. 1003.574, F.S.; 3 
deleting references to the Video Cameras in Public 4 
School Classrooms Pilot Program; deleting an obsolete 5 
definition; requiring certain district school boards 6 
to vote to establish a policy to provide video cameras 7 
in self-contained classrooms upon the request of a 8 
parent; prohibiting a school or school dist rict from 9 
concealing the identity of an employee in a video 10 
recording; providing that a video recording made 11 
available after a request must include accompanying 12 
audio; providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Flori da: 15 
 16 
 Section 1.  Section 1003.574, Florida Statutes, is amended 17 
to read: 18 
 1003.574  Video cameras in public school classrooms ; pilot 19 
program.—Beginning with the 2021 -2022 school year, the Video 20 
Cameras in Public School Classrooms Pilot Program is create d for 21 
a period of 3 school years. 22 
 (1)  As used in this section, the term: 23 
 (a)  "Incident" means an event, a circumstance, an act, or 24 
an omission that results in the abuse or neglect of a student 25     
 
CS/HB 257  	2025 
 
 
 
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by: 26 
 1.  An employee of a public school or school district; or 27 
 2.  Another student. 28 
 (b)  "School district" means the Broward County Public 29 
Schools. 30 
 (b)(c) "Self-contained classroom" means a classroom at a 31 
public school in which a majority of the students in regular 32 
attendance are provided special education ser vices and are 33 
assigned to one or more such classrooms for at least 50 percent 34 
of the instructional day. 35 
 (2)(a)  Each district school board, except a district 36 
school board within a fiscally constrained county as defined in 37 
s. 218.67(1), shall vote to estab lish a policy to provide video 38 
cameras in self-contained classrooms upon the request of a 39 
parent under paragraph (b). 40 
 (b)(a) A school district shall provide a video camera to 41 
any school with a self -contained classroom upon the written 42 
request of a parent of a student in the classroom. 43 
 (c)(b) Within 30 days after receipt of the request from a 44 
parent, a video camera must shall be operational in each self -45 
contained classroom in which the parent's student is in regular 46 
attendance for the remainder of the sc hool year, unless the 47 
parent withdraws his or her request in writing. 48 
 (3)  If the student who is the subject of the initial 49 
request is no longer in attendance in the classroom and a school 50     
 
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discontinues operation of a video camera during a school year, 51 
no later than the 5th school day before the date the operation 52 
of the video camera is discontinued, the school must notify the 53 
parents of each student in regular attendance in the classroom 54 
that operation of the video camera will cease unless the 55 
continued use of the camera is requested by a parent. No later 56 
than the 10th school day before the end of each school year, the 57 
school must notify the parents of each student in regular 58 
attendance in the classroom that operation of the video camera 59 
will not continue during the following school year unless a 60 
written request is submitted by a parent for the next school 61 
year. 62 
 (4)(a)  A video camera placed in a self -contained classroom 63 
must be capable of all of the following: 64 
 1.  Monitoring all areas of the self-contained classroom, 65 
including, without limitation, any room attached to the self -66 
contained classroom which is used for other purposes. 67 
 2.  Recording audio from all areas of the self -contained 68 
classroom, including, without limitation, any room attach ed to 69 
the self-contained classroom which is used for other purposes. 70 
 (b)  A video camera placed in a self -contained classroom 71 
may not monitor a restroom or any other area in the self -72 
contained classroom where a student changes his or her clothes, 73 
except for the entryway, exitway, or hallway outside a restroom 74 
or other area where a student changes his or her clothes because 75     
 
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of the layout of the self -contained classroom. 76 
 (c)  A video camera placed in a self -contained classroom is 77 
not required to be in opera tion when students are not present in 78 
the self-contained classroom. 79 
 (d)  If there is an interruption in the operation of the 80 
video camera for any reason, an explanation must be submitted in 81 
writing to the school principal and the district school board 82 
which explains the reason for and duration of the interruption. 83 
The written explanation must be maintained at the district 84 
school board office for at least 1 year. 85 
 (5)  Before a school initially places a video camera in a 86 
self-contained classroom pursuant to this section, the school 87 
shall provide written notice of the placement of such video 88 
camera to all of the following: 89 
 (a)  The parent of each student who is assigned to the 90 
self-contained classroom. 91 
 (b)  Each student who is assigned to the self -contained 92 
classroom. 93 
 (c)  The school district. 94 
 (d)  Each school employee who is assigned to work with one 95 
or more students in the self -contained classroom. 96 
 (6)  A school shall: 97 
 (a)  Retain video recorded from a video camera placed 98 
pursuant to this section for a t least 3 months after the date 99 
the video was recorded, after which the recording must shall be 100     
 
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deleted or otherwise made irretrievable unretrievable; or 101 
 (b)  Retain the recording until the conclusion of any 102 
investigation or any administrative or legal pr oceedings that 103 
result from the recording have been completed, including, 104 
without limitation, the exhaustion of all appeals. 105 
 (7)  A school or school district may not: 106 
 (a)  Allow regular, continuous, or continual monitoring of 107 
video recorded under this sec tion; or 108 
 (b)  Use video recorded under this section for teacher 109 
evaluations or any purpose other than for ensuring the health, 110 
safety, and well-being of students receiving special education 111 
services in a self-contained classroom; or 112 
 (c)  Conceal the iden tity of a school or school district 113 
employee who appears in a video recording . 114 
 (8)  The principal of the school is the custodian of a 115 
video camera operated pursuant to this section, all recordings 116 
generated by that video camera, and access to such recordi ngs. 117 
 (a)  The release or viewing of any video recording under 118 
this section must comply with s. 1002.22. 119 
 (b)  A school or school district shall: 120 
 1.  Conceal the identity of any student who appears in a 121 
video recording, but is not involved in the alleged incident 122 
documented by the video recording, which the school allows to be 123 
viewed under subsection (9), including, without limitation, 124 
blurring the face of the uninvolved student. 125     
 
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 2.  Protect the confidentiality of all student records 126 
contained in a video recording in accordance with s. 1002.22. 127 
 (9)(a)  Within 7 days after receiving a request to view a 128 
video recording, a school or school district shall allow the 129 
following individuals to view a video recording with its 130 
accompanying audio made under this section: 131 
 1.  A school or school district employee who is involved in 132 
an alleged incident that is documented by the video recording as 133 
part of the investigative process; 134 
 2.  A parent of a student who is involved in an alleged 135 
incident that is documented by t he video recording and has been 136 
reported to the school or school district; 137 
 3.  A school or school district employee as part of an 138 
investigation into an alleged incident that is documented by the 139 
video recording and has been reported to the school or schoo l 140 
district; 141 
 4.  A law enforcement officer as part of an investigation 142 
into an alleged incident that is documented by the video 143 
recording and has been reported to the law enforcement agency; 144 
or 145 
 5.  The Department of Children and Families as part of a 146 
child abuse or neglect investigation. 147 
 (b)  A person who requests to view a recording must shall 148 
make himself or herself available for viewing the recording 149 
within 30 days after being notified by the school or school 150     
 
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district that the person's request has been granted. 151 
 (c)  A person who views the recording and suspects that 152 
child abuse has occurred must report the suspected child abuse 153 
to the Department of Children and Families. 154 
 (10)(a)  Any individual may appeal to the State Board of 155 
Education an action by a school or school district which the 156 
individual alleges to be in violation of this section. 157 
 (b)  The state board shall grant a hearing on an appeal 158 
under this subsection within 45 days after receiving the appeal. 159 
 (11)  A school or school district does no t violate 160 
subsection (8) if a contractor or other employee of the school 161 
or school district incidentally views a video recording made 162 
under this section in connection with the performance of his or 163 
her duties related to either of the following: 164 
 (a)  The installation, operation, or maintenance of video 165 
equipment; or 166 
 (b)  The retention of video recordings. 167 
 (12)  This section does not: 168 
 (a)  Limit the access of the parent of a student, under the 169 
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s . 170 
1232g, or any other law, to a video recording regarding his or 171 
her student. 172 
 (b)  Waive any immunity from liability of a school district 173 
or an employee of a school district. 174 
 (c)  Create any liability for a cause of action against a 175     
 
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school or school dist rict or an employee of a school or school 176 
district carrying out the duties and responsibilities required 177 
by this section. 178 
 (d)  Apply to self-contained classrooms in which the only 179 
students receiving special education services are those who have 180 
been deemed gifted. 181 
 (13)  The department shall collect information relating to 182 
the installation and maintenance of video cameras under this 183 
section. 184 
 (14)  The State Board of Education may adopt rules to 185 
implement this section. 186 
 Section 2. This act shall take ef fect July 1, 2025. 187