EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0226*
HOUSE BILL 226
F1 2lr1528
HB 715/21 – W&M CF 2lr2161
By: Delegates Guyton and Luedtke
Introduced and read first time: January 13, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Self–Contained Special Education Classroom – Use of Video 2
Recording Devices 3
FOR the purpose of requiring each county board of education, beginning in a certain school 4
year, to install a video recording device in each self–contained special education 5
classroom; providing for the installation, operation, notification, and use of a video 6
recording device and the viewing, use, and confidentiality of system recordings; 7
requiring the school administration to notify the appropriate law enforcement 8
agency on receipt of a complaint of alleged neglect or abuse of a student under certain 9
circumstances; requiring a school administrator or other employee of a school to 10
report observed actions that could be considered the abuse or neglect of a certain 11
student under certain circumstances; requiring each county board to collect certain 12
data regarding video recording devices and system recordings for certain school 13
years; requiring the State Department of Education to evaluate the use of video 14
recording devices in self–contained special education classrooms and make a certain 15
determination; and generally relating to the use of video recording devices in 16
self–contained special education classrooms. 17
BY adding to 18
Article – Education 19
Section 7–450 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – Education 24
Section 8–401(a)(1) and (5) 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2021 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28 2 HOUSE BILL 226
That the Laws of Maryland read as follows: 1
Article – Education 2
7–450. 3
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(2) “DIGITAL EVIDENCE MANA GEMENT SYSTEM ” MEANS A 6
CLOUD–BASED STORAGE SYSTEM USED TO STORE ALL RE CORDINGS FROM A VIDE O 7
RECORDING DEVICE LOCATED IN A SELF–CONTAINED SPECIAL ED UCATION 8
CLASSROOM . 9
(3) “DIVISION” MEANS THE DIVISION OF EARLY INTERVENTION AND 10
SPECIAL EDUCATION SERVICES WITHIN THE DEPARTMENT . 11
(4) “EXCLUSION AREA ” MEANS A SUPERVISED A REA TO WHICH A 12
STUDENT WHO RECEIVES INSTRUCTION IN A SEL F–CONTAINED SPECIAL ED UCATION 13
CLASSROOM IS TAKEN FOR A LIMITED PERIOD OF TIME TO REGAIN SE LF–CONTROL. 14
(5) “SELF–CONTAINED S PECIAL EDUCATION CLA SSROOM” MEANS A 15
CLASSROOM IN A PUBLI C SCHOOL IN WHICH TH E REGULARLY ATTENDIN G STUDENTS 16
HAVE A DISABILITY AN D ARE PROVIDED SPECIAL EDUCATION INSTRUCTIO N FOR AT 17
LEAST 50% OF THE INSTRUCTIONAL DA Y, INCLUDING STUDENTS W HO ARE 18
CLASSIFIED PRIMARILY AS CERTIFICATE TRACK AND CANNOT RELY ON S PEECH 19
ALONE TO BE HEARD AN D UNDERSTOOD . 20
(6) “SPECIAL EDUCATION ” HAS THE MEANING STAT ED IN § 8–401 OF 21
THIS ARTICLE. 22
(7) “SYSTEM RECORDING ” MEANS ALL VIDEO CAPT URED AND 23
UPLOADED FROM A VIDE O RECORDING DEVICE L OCATED IN A SELF –CONTAINED 24
SPECIAL EDUCATION CL ASSROOM. 25
(B) (1) EACH COUNTY BOARD SHA LL INSTALL AT LEAST ONE VIDEO 26
RECORDING DEVICE IN EACH SELF–CONTAINED SPECIAL ED UCATION CLASSROOM 27
IN ACCORDANCE WITH P ARAGRAPH (2) OF THIS SUBSECTION . 28
(2) THE INSTALLATION SHALL BE DONE AT THE DISCRETION OF THE 29
DIVISION ON THE FOLLOWING SCH EDULE: 30
(I) BEGINNING IN THE 2022–2023 SCHOOL YEAR , 31
INSTALLATION IN AT LEAST 50% OF THE SELF–CONTAINED SPECIAL ED UCATION 32 HOUSE BILL 226 3
CLASSROOMS WITHIN TH E LOCAL SCHOOL SYSTE M; AND 1
(II) BEGINNING IN THE 2023–2024 SCHOOL YEAR , 2
INSTALLATION IN 100% OF THE SELF –CONTAINED SPECIAL ED UCATION 3
CLASSROOMS WITHIN TH E LOCAL SCHOOL SYSTE M. 4
(3) A VIDEO RECORDING DEVICE UND ER THIS SUBSECTION S HALL 5
RECORD: 6
(I) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 7
SUBSECTION, ALL AREAS OF THE SEL F–CONTAINED SPECIAL ED UCATION 8
CLASSROOM , INCLUDING ALL EXCLUS ION AREAS; AND 9
(II) DURING SCHOOL HOURS A ND AT ANY TI ME THE 10
SELF–CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION AREA IS IN USE. 11
(4) A VIDEO RECORDING DEVI CE UNDER THIS SECTIO N MAY NOT 12
RECORD INSIDE BATHRO OM AREAS OR IN AREAS THAT STUDENTS USE TO CHANGE 13
CLOTHING. 14
(C) EACH COUNTY BOARD SHA LL PROVIDE NOTICE OF THE USE OF A VIDEO 15
RECORDING DEVICE IN A SELF–CONTAINED SPECIAL ED UCATION CLASSROOM BY : 16
(1) POSTING A SIGN IN A C ONSPICUOUS LOCATION OUTSIDE EACH 17
SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH ERE A VIDEO RECORDIN G 18
DEVICE IS USED; 19
(2) PROVIDING WRITTEN NOT ICE TO THE PARENT OR LEGAL 20
GUARDIAN OF EACH STU DENT WHO RECEIVES IN STRUCTION IN A SELF –CONTAINED 21
SPECIAL EDUCATION CL ASSROOM; AND 22
(3) PROVIDING WRITTEN NOT ICE IN THE STUDENT H ANDBOOK OF 23
THE USE OF VIDEO REC ORDING DEVICES . 24
(D) (1) ALL SYSTEM RECORDINGS SHALL BE UPLOADED TO A DIG ITAL 25
EVIDENCE MANAGEMENT SYSTEM AND SHALL REMAIN THE PROPERTY OF THE 26
COUNTY BOARD . 27
(2) UNLESS A COUNTY BOARD RECEIVES A REQUEST T O VIEW OR 28
STORE A PARTICULAR V IDEO RECORDING , THE COUNTY BOARD SHALL STORE A 29
VIDEO RECORDING MADE UNDER THIS SECTION F OR AT LEAST 3 MONTHS AND NO T 30
MORE THAN 6 MONTHS AFTER THE DAT E OF THE RECORDING . 31
4 HOUSE BILL 226
(3) IF A REQUEST IS MADE UNDER PARAGRAPH (2) OF THIS 1
SUBSECTION, THE COUNTY BOARD SHA LL STORE THE VIDEO R ECORDING UNTIL THE 2
REASON FOR THE REQUEST IS RESOLVED. 3
(4) IF A VIDEO RECORDING IS TO BE USED AS EVI DENCE TO SUPPORT 4
OR REFUTE A COMPLAIN T AGAINST AN EMPLOYE E OR A CONTRACTOR , THE COUNTY 5
BOARD SHALL RETAIN T HE PORTION OF THE VI DEO RECORDING RELATE D TO THE 6
COMPLAINT FOR AT LEAST 1 YEAR AFTER THE DATE THE COMPLAINT IS MAD E. 7
(E) (1) IF A PERSON DISCOVERS THAT THE OPERATION O F A VIDEO 8
RECORDING DEVICE HAS BEEN INTERRUPTED , THE PERSON SHALL SUB MIT A 9
WRITTEN REPORT TO TH E PRINCIPAL OF THE S CHOOL THAT INCLUDES A 10
DESCRIPTION OF : 11
(I) HOW THE INTERRUPTION WAS DISCOVERED AND T HE 12
LENGTH OF THE INTERR UPTION; AND 13
(II) THE REASON FOR THE IN TERRUPTION , IF KNOWN. 14
(2) THE COUNTY BOARD SHALL MAINTAIN A REP ORT SUBMITTED 15
UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR 1 YEAR AFTER THE D ATE OF THE 16
SUBMISSION OF THE RE PORT. 17
(F) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (G) AND (L) OF THIS 18
SECTION AND PARAGRAPH (2) OF THIS SUBSECTION , A VIDEO RECORDING MA DE IN 19
ACCORDANCE WITH THIS SECTION IS CONFIDENT IAL AND MAY NOT BE V IEWED, 20
SHARED, OR DISSEMINATED IN ANY MANN ER. 21
(2) THE FOLLOWING PERSONS MAY VIEW A VIDEO REC ORDING MADE 22
UNDER THIS SECTION : 23
(I) A MEMBER OF THE SCHOOL ADMINISTRATION ; 24
(II) A SUPERVISOR FROM THE ADMINISTRATION OF TH E 25
SCHOOL SYSTEM ; 26
(III) A REPRESENTATIVE FROM CHILD PROTECTIVE SERVICES; 27
AND 28
(IV) A LAW ENFORCEMENT AGEN CY. 29
(G) (1) THE SCHOOL ADMINISTRATION SHALL NOTIFY THE APPROPRIA TE 30
LAW ENFORCEMENT AGEN CY IN ACCORDANCE WITH § 5–704 OF THE FAMILY LAW 31 HOUSE BILL 226 5
ARTICLE ON RECEIPT OF A COMPLAINT OF ALLEGED NEGLECT O R ABUSE OF A 1
STUDENT THAT OCCURRED IN A SELF–CONTAINED SPECIAL ED UCATION 2
CLASSROOM WHILE A VIDEO RECORDING DEVICE WAS RECORDING . 3
(2) THE SCHOOL ADMINISTRA TION AND A REPRESENT ATIVE FROM 4
THE SUPERINTENDENT ’S OFFICE SHALL REVIE W THE VIDEO RECORDING WITH THE 5
APPROPRIATE LAW ENFO RCEMENT AGENCY WITHI N 3 DAYS AFTER THE DATE THE 6
COMPLAINT OR REPORT WAS MADE . 7
(3) AT THE CONCLUSION OF AN INVESTIGATION CONDUCTED BY A 8
LAW ENFORCEMENT AGEN CY RELATED TO A COMPLAINT NOTIFICA TION RECEIVED 9
UNDER PARAGRAPH (1) OF THIS SUBSECTION , AND ON REQUEST OF TH E STUDENT, 10
PARENT, OR LEGAL GUARDIAN OF THE STUDENT TO WH OM THE VIDEO RECORDI NG 11
DIRECTLY RELATES , THE SUPERINTENDENT ’S OFFICE SHALL ALLOW THE STUD ENT, 12
PARENT, OR LEGAL GUARDIAN TO INSPECT AND REVIE W THE VIDEO RECORDIN G. 13
(H) (1) IF A SCHOOL ADMINISTR ATOR OR OTHER EMPLOY EE OF A SCHOOL 14
OBSERVES AN ACTION T HAT COULD BE CONSIDE RED THE ABUSE OR NEG LECT OF A 15
STUDENT IN A SELF –CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION 16
AREA, THE SCHOOL ADMINISTRA TOR OR EMPLOYEE SHAL L REPORT THE ACTION IN 17
ACCORDANCE WITH ANY APPLICABLE CHILD ABU SE AND NEGLECT REPOR TING 18
GUIDELINES. 19
(2) ON RECEIVING A REPORT UNDER PARAGRAPH (1) OF THIS 20
SUBSECTION, A PRINCIPAL SHALL NO TIFY A PARENT OR LEG AL GUARDIAN OF THE 21
STUDENT WHO IS THE S UBJECT OF THE REPORT WITHIN 24 HOURS AFTER 22
RECEIVING THE REPORT . 23
(I) A COUNTY BOARD SHALL M AKE A REASONABLE ATT EMPT TO CONCEAL 24
THE IDENTITY OF ANY STUDENT WHO APPEARS IN A VIDEO RECORDING MADE UNDER 25
THIS SECTION WHO IS NOT INVOLVED IN THE INCI DENT FOR WHICH THE V IDEO 26
RECORDING IS BEING V IEWED. 27
(J) THE DEPARTMENT , A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 28
NOT USE A VIDEO RECO RDING DEVICE TO MONI TOR THE PROFESSIONAL 29
PERFORMANCE OF SCHOO L EMPLOYEES. 30
(K) THE DEPARTMENT , A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 31
NOT USE A VIDEO RECO RDING: 32
(1) AS EVIDENCE IN A COMP LAINT AGAINST A STUD ENT THAT IS NOT 33
RELATED TO A CRIMINAL COMPLAINT ; OR 34
6 HOUSE BILL 226
(2) IN THE OBSERVATION OR E VALUATION OF A STUDENT FOR 1
STUDENT PLACEMENT DECISIONS. 2
(L) NOTHING IN THIS SECTI ON PRECLUDES THE USE OF A VIDEO 3
RECORDING IN ACCORDA NCE WITH A DISCIPLIN ARY ACTION OR AN INV ESTIGATION 4
OF ABUSE OR NEGLECT WITHIN THE SCHOOL SY STEM. 5
(M) A COUNTY BOARD MAY SOL ICIT AND ACCEPT GIFT S, GRANTS, AND 6
DONATIONS FROM ANY P ERSON TO BE USED TOW ARD THE INSTALLATION AND 7
OPERATION OF A VIDEO RECORDING DEVICE UND ER THIS SECTION. 8
(N) ALL VIDEO RECORDING D EVICES UNDER THIS SE CTION SHALL COMPLY 9
WITH FEDERAL FIRE AN D SAFETY STANDARDS . 10
(O) (1) BEGINNING IN THE 2022–2023 SCHOOL YEAR THROUGH THE 11
2025–2026 SCHOOL YEAR , EACH COUNTY BOARD SHALL C OLLECT DATA ON : 12
(I) THE NUMBER OF VIDEO RECORDING DEVI CES INSTALLED IN 13
SELF–CONTAINED SPECIAL EDUCATION CLASSROOMS , AGGREGATED BY SCHOOL 14
LEVEL; 15
(II) THE NUMBER OF COMPLAINTS RESULTING IN THE VIEWING 16
OF A VIDEO RECORDING MADE UNDER THIS SECT ION, AGGREGATED BY SCHOOL 17
LEVEL; 18
(III) THE IDENTITY OF THE P ERSON THAT MADE A RE QUEST TO 19
VIEW A VIDEO RECORDING ; 20
(IV) THE REASON FOR THE RE QUEST TO VIEW A VIDEO 21
RECORDING; AND 22
(V) THE RESOLUTION OF THE COMPLAINT THAT WAS THE 23
SUBJECT OF THE VIDEO RECORDING. 24
(2) ON OR BEFORE JULY 1, 2023, AND ON OR BEFORE EACH JULY 1 25
THEREAFTER THROUGH AND INCLUDIN G JULY 1, 2026, EACH COUNTY BOARD SHALL 26
SUBMIT A REPORT TO T HE DEPARTMENT ON THE DAT A COLLECTED UNDER 27
PARAGRAPH (1) OF THIS SUBSECTION F OR THE IMMEDIATELY P RECEDING SCHOOL 28
YEAR. 29
(3) ON RECEIPT OF THE FIN AL REPORT UNDER PARA GRAPH (2) OF 30
THIS SUBSECTION , THE DEPARTMENT SHALL EVALUATE THE USE OF VIDEO 31
RECORDING DEVICES IN SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS AND 32 HOUSE BILL 226 7
DETERMINE WHETHER TO USE THE DEVICES IN OTHER SPECIAL EDU CATION 1
CLASSROOMS . 2
(P) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THE 3
PROVISIONS OF THIS S ECTION. 4
8–401. 5
(a) (1) In this subtitle the following words have the meanings indicated. 6
(5) “Special education” means specially designed instruction, at no cost to 7
parents, to meet the unique needs of a child with a disability, including: 8
(i) Instruction in the classroom, in the home, in hospitals and 9
institutions, and in other settings; and 10
(ii) Instruction in physical education. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2022. 13