HLS 20RS-1279 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 768
BY REPRESENTATIVE ILLG
CHILDREN/CARE: Requires early learning centers to provide for the installation and
operation of cameras as a condition of state licensure
1 AN ACT
2To amend and reenact R.S. 44:4.1(B)(9) and to enact R.S. 17:407.54, relative to the
3 licensing of early learning centers; to require that early learning centers provide for
4 the installation and operation of cameras as a condition of licensure; to require the
5 development of policies relative to such cameras; to provide a limitation relative to
6 public records; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:407.54 is hereby enacted to read as follows:
9 §407.54. Cameras; condition of licensure
10 A. Each early learning center shall provide for the installation and operation
11 of cameras that record both video and audio. Compliance with the provisions of this
12 Section shall be a condition of an early learning center's licensure by the state
13 Department of Education as provided in this Part.
14 B. The director of each early learning center shall develop and share with all
15 center employees and parents of children enrolled in the center a policy relative to
16 cameras that, at minimum, provides for the following:
17 (1) The location and placement of cameras in any room in which children are
18 taught or cared for and including a prohibition against the recording of the interior
19 of a restroom or any other area in which a child's clothing may be changed or
20 removed.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 768
1 (2) A requirement that written notice of the cameras be provided to teachers
2 and other employees, parents, and authorized visitors.
3 (3) A requirement that all teachers and other employees who provide
4 services at the early learning center receive training concerning the provisions of this
5 Section.
6 (4) Provisions relative to the duration of the retention of the video and audio
7 data recorded and procedures for data storage and disposal.
8 (5) Procedures for protecting children's privacy and for determining to whom
9 and under what circumstances the data may be disclosed. Such policies shall provide
10 for viewing only by the director of the early learning center, the state superintendent
11 of education or his designee, and the parent of a recorded student upon the parent's
12 request. Such policies shall also require any person who views a recording showing
13 what he believes could be a violation of state law or federal law to report it to the
14 appropriate law enforcement agency.
15 (6) A requirement that any camera installed pursuant to this Section be in
16 compliance with the National Fire Protection Association Life Safety Code.
17 C. Recordings made pursuant to this Section shall be kept confidential and
18 are not public records; however, a recording may be viewed by the director of the
19 early learning center, the state superintendent of education or his designee, by
20 parents, and by law enforcement officials as provided in the policy required by
21 Paragraph (A)(5) of this Section.
22 Section 2. R.S. 44:4.1(B)(9) is hereby amended and reenacted to read as follows:
23 §4.1. Exceptions
24 * * *
25 B. The legislature further recognizes that there exist exceptions, exemptions,
26 and limitations to the laws pertaining to public records throughout the revised
27 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
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HB NO. 768
1 limitations are hereby continued in effect by incorporation into this Chapter by
2 citation:
3 * * *
4 (9) R.S. 17:7.2, 46, 47, 81.9, 391.4, 407.28, 407.47, 407.54, 407.65, 500.2,
5 1175, 1202, 1237, 1252, 1952, 1989.7, 2047, 2048.31, 3099, 3100.8, 3136, 3390,
6 3773, 3884
7 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 768 Original 2020 Regular Session Illg
Abstract: Requires each early learning center to provide for the installation and operation
of cameras that record both video and audio as a condition of licensure by the state
Dept. of Education.
Present law provides for the licensure of early learning centers by the state Dept. of
Education (DOE) and requires a center to be licensed in order to operate. Proposed law
requires each early learning center to provide for the installation and operation of cameras
that record both video and audio and provides that compliance with proposed law is a
condition of its licensure.
Proposed law further requires the director of each early learning center to develop and share
with all center employees and parents a policy relative to cameras that, at minimum,
provides for the following:
(1)The location and placement of cameras, including a prohibition against the recording
of the interior of a restroom or any other area in which a child's clothing may be
changed or removed.
(2)A requirement that written notice of the cameras be provided to teachers and other
employees, parents, and authorized visitors.
(3)A requirement that all teachers and other employees who provide services at the
early learning center receive training concerning proposed law.
(4)Provisions relative to the duration of the retention of the video and audio data
recorded and procedures for data storage and disposal.
(5)Procedures for protecting children's privacy and for determining to whom and under
what circumstances the data may be disclosed.
(6)A requirement that cameras be in compliance with the National Fire Protection
Association Life Safety Code.
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HB NO. 768
Proposed law provides that recordings shall be kept confidential and are not public records.
(Amends R.S. 44:4.1(B)(9); Adds R.S. 17:407.54)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.