The original instrument was prepared by Cheryl Serrett. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Ann S.
Brown.
DIGEST
SB 86 Re-Reengrossed 2021 Regular Session Foil
Proposed law requires the governing authority of each public school, including charter schools, to
adopt policies relative to the installation and operation of cameras that record both video and audio
in classrooms, upon the written request of a student's parent or legal guardian.
Proposed law defines "classroom" as a self-contained classroom or other special education setting
in which a majority of students in regular attendance are provided special education and related
services and are assigned to one or more self-contained classrooms or other special education
settings for at least 50% of the instructional day and for which a parent or legal guardian has
requested a camera to be installed. Further provides the definition of "classroom" does not include
classrooms and other special education settings where the only students with exceptionalities who
are receiving special education and related services are those who have been deemed to be gifted or
talented and who have not been identified as also having a disability.
Proposed law requires the policies to include provisions for the following:
(1)The location and placement of cameras, including a prohibition against recording restroom
interiors or any area designated for students to change or remove clothing.
(2)Written notice of the placement of the cameras be provided to persons who enter the
classroom, including teachers and other school employees, students in the classroom, the
students' parents or legal guardians, and authorized visitors.
(3)Training on the proposed law for any teacher or other school employee who provides services
in a classroom with an installed camera.
(4)The retention, storage, and disposal of the audio and video data recorded, including a
requirement that recordings be retained for at least one month from the date of the recording.
(5)Protecting student privacy and determining to whom and under what circumstances the
recordings may be disclosed, including limiting viewing of the recordings to the
superintendent or his designee and the parent or legal guardian of a recorded student upon
request; and requiring any person who views a recording and who suspects the recording
includes a violation of law to report the suspected violation to the appropriate law
enforcement agency.
(6)Requiring each camera installed to comply with national fire safety standards. (7)Procedures for the approval or disapproval of a request for the installation and operation of
cameras in a classroom.
(8) Procedures regarding how a parent or legal guardian may request review of a recording,
under what circumstances a request may be made, and any limitations to such requests.
Proposed law provides that recordings made pursuant to proposed law shall be confidential and shall
not be public records but may be viewed by the superintendent or his designee, by the parent or legal
guardian of a recorded student, or by law enforcement as provided in the policies required by
proposed law.
Present law (R.S. 17:3914) prohibits school officials and employees from sharing a student's
"personally identifiable information", defined, in part, as information about an individual that can
be used to identify, contact, or locate him.
Proposed law retains present law but provides that recordings made pursuant to proposed law shall
not be considered "personally identifiable information".
Proposed law authorizes the governing authority of each public elementary and secondary school to
accept, administer, and make use of federal, state, and any local and private appropriations, any
public and private grants and donations, and, when it is considered appropriate and feasible, to accept
nonmonetary funding in the form of services or equipment for use in connection with the installation
and operation of the cameras.
Proposed law requires the state Department of Education to assist each school governing authority
in identifying funding which may be available to assist in the installation and operation of the
cameras.
Proposed law provides that as specific funding becomes available for this purpose, each public
school governing authority shall implement proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 44:4.1(B)(9); adds R.S. 17:1948 and 3996(B)(59))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Requires policies that prohibit placement of cameras in any area designated for
students to change or remove clothing.
2. Removes requirement that recordings of students other than the student of a
parent/guardian requesting a viewing be redacted. 3. Requires procedures for a request to view a recording.
Committee Amendments Proposed by Senate Committee on Finance to the engrossed bill
1. Revises subject to appropriation language to provide that as specific funding becomes
available for this purpose, each public school governing authority shall implement
proposed law.
Senate Floor Amendments to reengrossed bill
1. Make technical changes.