| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0226* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 226 | |
| 11 | 8 | F1 2lr1528 | |
| 12 | - | HB 715/21 – W&M CF | |
| 9 | + | HB 715/21 – W&M CF 2lr2161 | |
| 13 | 10 | By: Delegates Guyton and Luedtke | |
| 14 | 11 | Introduced and read first time: January 13, 2022 | |
| 15 | 12 | Assigned to: Ways and Means | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 3, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Public Schools – Self–Contained Special Education Classroom – Use of Video 2 | |
| 25 | - | Recording Devices | |
| 19 | + | Recording Devices 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring each county board of education, beginning in a certain school 4 | |
| 28 | - | year, to install establishing the Self–Contained Special Education Classroom Video 5 | |
| 29 | - | Recording Pilot Program; providing for the administration of, funding for, and 6 | |
| 30 | - | participation in the Pilot Program; requiring certain public schools to allow the 7 | |
| 31 | - | installation of a video recording device in each one self–contained special education 8 | |
| 32 | - | classroom in the school; providing for the installation, operation, notification, and 9 | |
| 33 | - | use of a video recording device and the viewing, use, and confidentiality of system 10 | |
| 34 | - | recordings; requiring the school administration principal of a school participating in 11 | |
| 35 | - | the Pilot Program to notify the appropriate law enforcement agency on receipt of a 12 | |
| 36 | - | complaint of alleged neglect or abuse of a student under certain circumstances; 13 | |
| 37 | - | requiring a school administrator or other an employee of a school to report observed 14 | |
| 38 | - | actions that could be considered the abuse or neglect of a certain student under 15 | |
| 39 | - | certain circumstances; requiring each county board certain county boards of 16 | |
| 40 | - | education to collect certain data regarding video recording devices and system 17 | |
| 41 | - | recordings for certain school years; requiring the State Department of Education to 18 | |
| 42 | - | evaluate the use of video recording devices in self–contained special education 19 | |
| 43 | - | classrooms and make a certain determination report on the evaluation to the 20 | |
| 44 | - | Governor and the General Assembly; and generally relating to the use of video 21 | |
| 45 | - | recording devices in self–contained special education classrooms Self–Contained 22 | |
| 46 | - | Special Education Classroom Video Recording Pilot Program. 23 | |
| 22 | + | year, to install a video recording device in each self–contained special education 5 | |
| 23 | + | classroom; providing for the installation, operation, notification, and use of a video 6 | |
| 24 | + | recording device and the viewing, use, and confidentiality of system recordings; 7 | |
| 25 | + | requiring the school administration to notify the appropriate law enforcement 8 | |
| 26 | + | agency on receipt of a complaint of alleged neglect or abuse of a student under certain 9 | |
| 27 | + | circumstances; requiring a school administrator or other employee of a school to 10 | |
| 28 | + | report observed actions that could be considered the abuse or neglect of a certain 11 | |
| 29 | + | student under certain circumstances; requiring each county board to collect certain 12 | |
| 30 | + | data regarding video recording devices and system recordings for certain school 13 | |
| 31 | + | years; requiring the State Department of Education to evaluate the use of video 14 | |
| 32 | + | recording devices in self–contained special education classrooms and make a certain 15 | |
| 33 | + | determination; and generally relating to the use of video recording devices in 16 | |
| 34 | + | self–contained special education classrooms. 17 | |
| 47 | 35 | ||
| 48 | - | BY adding to 24 2 HOUSE BILL 226 | |
| 36 | + | BY adding to 18 | |
| 37 | + | Article – Education 19 | |
| 38 | + | Section 7–450 20 | |
| 39 | + | Annotated Code of Maryland 21 | |
| 40 | + | (2018 Replacement Volume and 2021 Supplement) 22 | |
| 41 | + | ||
| 42 | + | BY repealing and reenacting, without amendments, 23 | |
| 43 | + | Article – Education 24 | |
| 44 | + | Section 8–401(a)(1) and (5) 25 | |
| 45 | + | Annotated Code of Maryland 26 | |
| 46 | + | (2018 Replacement Volume and 2021 Supplement) 27 | |
| 47 | + | ||
| 48 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28 2 HOUSE BILL 226 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Article – Education 1 | |
| 52 | - | Section 7–450 2 | |
| 53 | - | Annotated Code of Maryland 3 | |
| 54 | - | (2018 Replacement Volume and 2021 Supplement) 4 | |
| 51 | + | That the Laws of Maryland read as follows: 1 | |
| 55 | 52 | ||
| 56 | - | BY repealing and reenacting, without amendments, 5 | |
| 57 | - | Article – Education 6 | |
| 58 | - | Section 8–401(a)(1) and (5) 7 | |
| 59 | - | Annotated Code of Maryland 8 | |
| 60 | - | (2018 Replacement Volume and 2021 Supplement) 9 | |
| 53 | + | Article – Education 2 | |
| 61 | 54 | ||
| 62 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 | |
| 63 | - | That the Laws of Maryland read as follows: 11 | |
| 55 | + | 7–450. 3 | |
| 64 | 56 | ||
| 65 | - | Article – Education 12 | |
| 57 | + | (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4 | |
| 58 | + | INDICATED. 5 | |
| 66 | 59 | ||
| 67 | - | 7–450. 13 | |
| 60 | + | (2) “DIGITAL EVIDENCE MANA GEMENT SYSTEM ” MEANS A 6 | |
| 61 | + | CLOUD–BASED STORAGE SYSTEM USED TO STORE ALL RE CORDINGS FROM A VIDE O 7 | |
| 62 | + | RECORDING DEVICE LOCATED IN A SELF–CONTAINED SPECIAL ED UCATION 8 | |
| 63 | + | CLASSROOM . 9 | |
| 68 | 64 | ||
| 69 | - | ( | |
| 70 | - | ||
| 65 | + | (3) “DIVISION” MEANS THE DIVISION OF EARLY INTERVENTION AND 10 | |
| 66 | + | SPECIAL EDUCATION SERVICES WITHIN THE DEPARTMENT . 11 | |
| 71 | 67 | ||
| 72 | - | (2) “DIGITAL EVIDENCE MANA GEMENT SYSTEM ” MEANS A 16 | |
| 73 | - | CLOUD–BASED STORAGE SYSTEM USED TO STORE ALL RE CORDINGS FROM A VIDE O 17 | |
| 74 | - | RECORDING DEVICE LOC ATED IN A SELF–CONTAINED SPECIAL ED UCATION 18 | |
| 75 | - | CLASSROOM . 19 | |
| 68 | + | (4) “EXCLUSION AREA ” MEANS A SUPERVISED A REA TO WHICH A 12 | |
| 69 | + | STUDENT WHO RECEIVES INSTRUCTION IN A SEL F–CONTAINED SPECIAL ED UCATION 13 | |
| 70 | + | CLASSROOM IS TAKEN FOR A LIMITED PERIOD OF TIME TO REGAIN SE LF–CONTROL. 14 | |
| 76 | 71 | ||
| 77 | - | (3) “DIVISION” MEANS THE DIVISION OF EARLY INTERVENTION AND 20 | |
| 78 | - | SPECIAL EDUCATION SERVICES WITHIN THE DEPARTMENT . 21 | |
| 72 | + | (5) “SELF–CONTAINED S PECIAL EDUCATION CLA SSROOM” MEANS A 15 | |
| 73 | + | CLASSROOM IN A PUBLI C SCHOOL IN WHICH TH E REGULARLY ATTENDIN G STUDENTS 16 | |
| 74 | + | HAVE A DISABILITY AN D ARE PROVIDED SPECIAL EDUCATION INSTRUCTIO N FOR AT 17 | |
| 75 | + | LEAST 50% OF THE INSTRUCTIONAL DA Y, INCLUDING STUDENTS W HO ARE 18 | |
| 76 | + | CLASSIFIED PRIMARILY AS CERTIFICATE TRACK AND CANNOT RELY ON S PEECH 19 | |
| 77 | + | ALONE TO BE HEARD AN D UNDERSTOOD . 20 | |
| 79 | 78 | ||
| 80 | - | (4) “EXCLUSION AREA PILOT PROGRAM” MEANS A SUPERVISED AREA 22 | |
| 81 | - | TO WHICH A STUDENT WHO RECEIVES INSTRUCTION IN A SELF–CONTAINED SPECIAL 23 | |
| 82 | - | EDUCATION CLASSROOM IS TAKEN F OR A LIMITED PERIOD OF TIME TO REGAIN 24 | |
| 83 | - | SELF–CONTROL THE SELF–CONTAINED SPECIAL EDUCATION CLASSROOM VIDEO 25 | |
| 84 | - | RECORDING PILOT PROGRAM. 26 | |
| 79 | + | (6) “SPECIAL EDUCATION ” HAS THE MEANING STAT ED IN § 8–401 OF 21 | |
| 80 | + | THIS ARTICLE. 22 | |
| 85 | 81 | ||
| 86 | - | (5) “SELF–CONTAINED SPECIAL ED UCATION CLASSROOM ” MEANS A 27 | |
| 87 | - | CLASSROOM IN A PUBLIC SCHOOL IN WHICH ALL OF THE REGULARLY ATTEND ING 28 | |
| 88 | - | STUDENTS HAVE A DISA BILITY AND ARE PROVIDED SPECIAL EDU CATION 29 | |
| 89 | - | INSTRUCTION IN THAT CLASSROOM FOR AT LEAST 50% OF THE INSTRUCTIONAL DAY, 30 | |
| 90 | - | INCLUDING STUDENTS W HO ARE CLASSIFIED PRIMARILY AS CERTIFICATE TRACK 31 | |
| 91 | - | AND CANNOT RELY ON S PEECH ALONE TO BE HEARD AN D UNDERSTOOD . 32 | |
| 82 | + | (7) “SYSTEM RECORDING ” MEANS ALL VIDEO CAPT URED AND 23 | |
| 83 | + | UPLOADED FROM A VIDE O RECORDING DEVICE L OCATED IN A SELF –CONTAINED 24 | |
| 84 | + | SPECIAL EDUCATION CL ASSROOM. 25 | |
| 92 | 85 | ||
| 93 | - | (6) “SPECIAL EDUCATION ” HAS THE MEANING STAT ED IN § 8–401 OF 33 | |
| 94 | - | THIS ARTICLE. 34 | |
| 95 | - | HOUSE BILL 226 3 | |
| 86 | + | (B) (1) EACH COUNTY BOARD SHA LL INSTALL AT LEAST ONE VIDEO 26 | |
| 87 | + | RECORDING DEVICE IN EACH SELF–CONTAINED SPECIAL ED UCATION CLASSROOM 27 | |
| 88 | + | IN ACCORDANCE WITH P ARAGRAPH (2) OF THIS SUBSECTION . 28 | |
| 89 | + | ||
| 90 | + | (2) THE INSTALLATION SHALL BE DONE AT THE DISCRETION OF THE 29 | |
| 91 | + | DIVISION ON THE FOLLOWING SCH EDULE: 30 | |
| 92 | + | ||
| 93 | + | (I) BEGINNING IN THE 2022–2023 SCHOOL YEAR , 31 | |
| 94 | + | INSTALLATION IN AT LEAST 50% OF THE SELF–CONTAINED SPECIAL ED UCATION 32 HOUSE BILL 226 3 | |
| 96 | 95 | ||
| 97 | 96 | ||
| 98 | - | (7) “SYSTEM RECORDING ” MEANS ALL VIDEO CAPT URED AND 1 | |
| 99 | - | UPLOADED FROM A VIDE O RECORDING DEVICE L OCATED IN A SELF–CONTAINED 2 | |
| 100 | - | SPECIAL EDUCATION CL ASSROOM. 3 | |
| 97 | + | CLASSROOMS WITHIN TH E LOCAL SCHOOL SYSTE M; AND 1 | |
| 101 | 98 | ||
| 102 | - | ( | |
| 103 | - | ||
| 104 | - | ||
| 99 | + | (II) BEGINNING IN THE 2023–2024 SCHOOL YEAR , 2 | |
| 100 | + | INSTALLATION IN 100% OF THE SELF –CONTAINED SPECIAL ED UCATION 3 | |
| 101 | + | CLASSROOMS WITHIN TH E LOCAL SCHOOL SYSTE M. 4 | |
| 105 | 102 | ||
| 106 | - | ( | |
| 107 | - | ||
| 103 | + | (3) A VIDEO RECORDING DEVICE UND ER THIS SUBSECTION S HALL 5 | |
| 104 | + | RECORD: 6 | |
| 108 | 105 | ||
| 109 | - | (I) | |
| 110 | - | ||
| 111 | - | ||
| 106 | + | (I) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 7 | |
| 107 | + | SUBSECTION, ALL AREAS OF THE SEL F–CONTAINED SPECIAL ED UCATION 8 | |
| 108 | + | CLASSROOM , INCLUDING ALL EXCLUS ION AREAS; AND 9 | |
| 112 | 109 | ||
| 113 | - | (II) BEGINNING IN THE 2023–2024 SCHOOL YEAR , 12 | |
| 114 | - | INSTALLATION IN 100% OF THE SELF –CONTAINED SPECIAL ED UCATION 13 | |
| 115 | - | CLASSROOMS WITHIN TH E LOCAL SCHOOL SYSTE M. THERE IS A 14 | |
| 116 | - | SELF–CONTAINED SPECIAL EDUCATION CLASSROOM VIDEO RECORDING PILOT 15 | |
| 117 | - | PROGRAM IN THE DEPARTMENT . 16 | |
| 110 | + | (II) DURING SCHOOL HOURS A ND AT ANY TI ME THE 10 | |
| 111 | + | SELF–CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION AREA IS IN USE. 11 | |
| 118 | 112 | ||
| 119 | - | (II) THE PILOT PROGRAM SHALL BE ADMI NISTERED BY THE 17 | |
| 120 | - | DIVISION. 18 | |
| 113 | + | (4) A VIDEO RECORDING DEVI CE UNDER THIS SECTIO N MAY NOT 12 | |
| 114 | + | RECORD INSIDE BATHRO OM AREAS OR IN AREAS THAT STUDENTS USE TO CHANGE 13 | |
| 115 | + | CLOTHING. 14 | |
| 121 | 116 | ||
| 122 | - | (III) THE DIVISION SHALL SELECT FIVE LOCAL SCHOOL 19 | |
| 123 | - | SYSTEMS IN THE STATE WITH ATTENTION TO GEOGRAPHIC DIVERS ITY AND WHERE , 20 | |
| 124 | - | IN THE JUDGMENT OF T HE DIVISION, VIDEO MONITORING OF SELF–CONTAINED 21 | |
| 125 | - | SPECIAL EDUCATION CL ASSROOMS IS MOST ACU TELY NECESSARY . 22 | |
| 117 | + | (C) EACH COUNTY BOARD SHA LL PROVIDE NOTICE OF THE USE OF A VIDEO 15 | |
| 118 | + | RECORDING DEVICE IN A SELF–CONTAINED SPECIAL ED UCATION CLASSROOM BY : 16 | |
| 126 | 119 | ||
| 127 | - | (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 23 | |
| 128 | - | COUNTY SUPERINTENDEN T OF EACH LOCAL SCHO OL SYSTEM SELECTED I N 24 | |
| 129 | - | ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION S HALL CHOOSE ONE 25 | |
| 130 | - | PUBLIC ELEMENTARY SCHOOL AND ONE PUBLIC HIGH SCHO OL WITHIN THE LOCAL 26 | |
| 131 | - | SCHOOL SYSTEM TO INS TALL A VIDEO RECORDI NG DEVICE IN ONE SEL F–CONTAINED 27 | |
| 132 | - | SPECIAL EDUCATION CL ASSROOM IN EACH SCHO OL. 28 | |
| 120 | + | (1) POSTING A SIGN IN A C ONSPICUOUS LOCATION OUTSIDE EACH 17 | |
| 121 | + | SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH ERE A VIDEO RECORDIN G 18 | |
| 122 | + | DEVICE IS USED; 19 | |
| 133 | 123 | ||
| 134 | - | (II) THE COUNTY SUPERINTEN DENT SHALL CHOOSE 29 | |
| 135 | - | SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS THAT HA VE AMONG THE 30 | |
| 136 | - | HIGHEST NUMBERS OF A TTENDANCE IN ANY SEL F–CONTAINED SPECIAL ED UCATION 31 | |
| 137 | - | CLASSROOMS IN THE LO CAL SCHOOL SYSTEM . 32 | |
| 124 | + | (2) PROVIDING WRITTEN NOT ICE TO THE PARENT OR LEGAL 20 | |
| 125 | + | GUARDIAN OF EACH STU DENT WHO RECEIVES IN STRUCTION IN A SELF –CONTAINED 21 | |
| 126 | + | SPECIAL EDUCATION CL ASSROOM; AND 22 | |
| 138 | 127 | ||
| 139 | - | (III) BEGINNING WITH THE 2023–2024 SCHOOL YEAR , THE 33 | |
| 140 | - | DIVISION SHALL INSTAL L AT LEAST ONE VIDEO RECORDING DEVICE IN EACH 34 4 HOUSE BILL 226 | |
| 128 | + | (3) PROVIDING WRITTEN NOT ICE IN THE STUDENT H ANDBOOK OF 23 | |
| 129 | + | THE USE OF VIDEO REC ORDING DEVICES . 24 | |
| 130 | + | ||
| 131 | + | (D) (1) ALL SYSTEM RECORDINGS SHALL BE UPLOADED TO A DIG ITAL 25 | |
| 132 | + | EVIDENCE MANAGEMENT SYSTEM AND SHALL REMAIN THE PROPERTY OF THE 26 | |
| 133 | + | COUNTY BOARD . 27 | |
| 134 | + | ||
| 135 | + | (2) UNLESS A COUNTY BOARD RECEIVES A REQUEST T O VIEW OR 28 | |
| 136 | + | STORE A PARTICULAR V IDEO RECORDING , THE COUNTY BOARD SHALL STORE A 29 | |
| 137 | + | VIDEO RECORDING MADE UNDER THIS SECTION F OR AT LEAST 3 MONTHS AND NO T 30 | |
| 138 | + | MORE THAN 6 MONTHS AFTER THE DAT E OF THE RECORDING . 31 | |
| 139 | + | 4 HOUSE BILL 226 | |
| 141 | 140 | ||
| 142 | 141 | ||
| 143 | - | SELF–CONTAINED SPECIAL ED UCATION CLASSROOM SE LECTED IN ACCORDANCE 1 | |
| 144 | - | WITH THIS SUBSECTION . 2 | |
| 142 | + | (3) IF A REQUEST IS MADE UNDER PARAGRAPH (2) OF THIS 1 | |
| 143 | + | SUBSECTION, THE COUNTY BOARD SHA LL STORE THE VIDEO R ECORDING UNTIL THE 2 | |
| 144 | + | REASON FOR THE REQUEST IS RESOLVED. 3 | |
| 145 | 145 | ||
| 146 | - | (3) A VIDEO RECORDING DEVI CE UNDER THIS SUBSEC TION SHALL 3 | |
| 147 | - | RECORD: 4 | |
| 146 | + | (4) IF A VIDEO RECORDING IS TO BE USED AS EVI DENCE TO SUPPORT 4 | |
| 147 | + | OR REFUTE A COMPLAIN T AGAINST AN EMPLOYE E OR A CONTRACTOR , THE COUNTY 5 | |
| 148 | + | BOARD SHALL RETAIN T HE PORTION OF THE VI DEO RECORDING RELATE D TO THE 6 | |
| 149 | + | COMPLAINT FOR AT LEAST 1 YEAR AFTER THE DATE THE COMPLAINT IS MAD E. 7 | |
| 148 | 150 | ||
| 149 | - | (I) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 5 | |
| 150 | - | SUBSECTION, ALL AREAS OF THE SEL F–CONTAINED SPECIAL ED UCATION 6 | |
| 151 | - | CLASSROOM , INCLUDING ALL EXCLUS ION AREAS; AND 7 | |
| 151 | + | (E) (1) IF A PERSON DISCOVERS THAT THE OPERATION O F A VIDEO 8 | |
| 152 | + | RECORDING DEVICE HAS BEEN INTERRUPTED , THE PERSON SHALL SUB MIT A 9 | |
| 153 | + | WRITTEN REPORT TO TH E PRINCIPAL OF THE S CHOOL THAT INCLUDES A 10 | |
| 154 | + | DESCRIPTION OF : 11 | |
| 152 | 155 | ||
| 153 | - | ( | |
| 154 | - | ||
| 156 | + | (I) HOW THE INTERRUPTION WAS DISCOVERED AND T HE 12 | |
| 157 | + | LENGTH OF THE INTERR UPTION; AND 13 | |
| 155 | 158 | ||
| 156 | - | (4) A VIDEO RECORDING DEVI CE UNDER THIS SECTIO N MAY NOT 10 | |
| 157 | - | RECORD INSIDE BATHRO OM AREAS OR IN AREAS THAT STUDENTS USE TO CHANGE 11 | |
| 158 | - | CLOTHING. 12 | |
| 159 | + | (II) THE REASON FOR THE IN TERRUPTION , IF KNOWN. 14 | |
| 159 | 160 | ||
| 160 | - | ( | |
| 161 | - | ||
| 162 | - | ||
| 161 | + | (2) THE COUNTY BOARD SHALL MAINTAIN A REP ORT SUBMITTED 15 | |
| 162 | + | UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR 1 YEAR AFTER THE D ATE OF THE 16 | |
| 163 | + | SUBMISSION OF THE RE PORT. 17 | |
| 163 | 164 | ||
| 164 | - | (1) POSTING A SIGN IN A C ONSPICUOUS LOCATION OUTSIDE EACH 16 | |
| 165 | - | SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH ERE A VIDEO RECORDIN G 17 | |
| 166 | - | DEVICE IS USED; 18 | |
| 165 | + | (F) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (G) AND (L) OF THIS 18 | |
| 166 | + | SECTION AND PARAGRAPH (2) OF THIS SUBSECTION , A VIDEO RECORDING MA DE IN 19 | |
| 167 | + | ACCORDANCE WITH THIS SECTION IS CONFIDENT IAL AND MAY NOT BE V IEWED, 20 | |
| 168 | + | SHARED, OR DISSEMINATED IN ANY MANN ER. 21 | |
| 167 | 169 | ||
| 168 | - | (2) PROVIDING WRITTEN NOT ICE TO THE PARENT OR LEGAL 19 | |
| 169 | - | GUARDIAN OF EACH STU DENT WHO RECEIVES IN STRUCTION IN A SELF –CONTAINED 20 | |
| 170 | - | SPECIAL EDUCATION CL ASSROOM; AND 21 | |
| 170 | + | (2) THE FOLLOWING PERSONS MAY VIEW A VIDEO REC ORDING MADE 22 | |
| 171 | + | UNDER THIS SECTION : 23 | |
| 171 | 172 | ||
| 172 | - | (3) PROVIDING WRITTEN NOT ICE IN THE STUDENT H ANDBOOK OF 22 | |
| 173 | - | THE USE OF VIDEO REC ORDING DEVICES ; AND 23 | |
| 173 | + | (I) A MEMBER OF THE SCHOOL ADMINISTRATION ; 24 | |
| 174 | 174 | ||
| 175 | - | (4) PROVIDING WRITTEN NOT ICE AT LEAST 2 WEEKS IN ADVANCE OF 24 | |
| 176 | - | THE ACTIVATION OF TH E VIDEO RECORDING DE VICE TO ALL SCHOOL P ERSONNEL 25 | |
| 177 | - | WHO PROVIDE INSTRUCT ION OR OTHERWISE SUP PORT THE STUDENTS IN THE 26 | |
| 178 | - | SELF–CONTAINED SPECIAL ED UCATION CLASSROOM . 27 | |
| 175 | + | (II) A SUPERVISOR FROM THE ADMINISTRATION OF TH E 25 | |
| 176 | + | SCHOOL SYSTEM ; 26 | |
| 179 | 177 | ||
| 180 | - | (D) (1) ALL SYSTEM RECORDINGS SHALL BE UPLOADED TO A DIGITAL 28 | |
| 181 | - | EVIDENCE MANAGEMENT SYSTEM ADMINISTERED BY A CO UNTY BOARD 29 | |
| 182 | - | PARTICIPATING IN THE PILOT PROGRAM AND SHALL REMAIN THE PROPERTY OF 30 | |
| 183 | - | THE COUNTY BOARD . 31 | |
| 178 | + | (III) A REPRESENTATIVE FROM CHILD PROTECTIVE SERVICES; 27 | |
| 179 | + | AND 28 | |
| 184 | 180 | ||
| 185 | - | (2) UNLESS A COUNTY BOARD RECEIVES A REQUEST T O VIEW OR 32 | |
| 186 | - | STORE A PARTICULAR V IDEO RECORDING , THE COUNTY BOARD SHA LL STORE A 33 HOUSE BILL 226 5 | |
| 181 | + | (IV) A LAW ENFORCEMENT AGEN CY. 29 | |
| 182 | + | ||
| 183 | + | (G) (1) THE SCHOOL ADMINISTRATION SHALL NOTIFY THE APPROPRIA TE 30 | |
| 184 | + | LAW ENFORCEMENT AGEN CY IN ACCORDANCE WITH § 5–704 OF THE FAMILY LAW 31 HOUSE BILL 226 5 | |
| 187 | 185 | ||
| 188 | 186 | ||
| 189 | - | VIDEO RECORDING MADE UNDER THIS SECTION F OR AT LEAST 3 MONTHS AND NOT 1 | |
| 190 | - | MORE THAN 6 MONTHS AFTER THE DATE OF TH E RECORDING. 2 | |
| 187 | + | ARTICLE ON RECEIPT OF A COMPLAINT OF ALLEGED NEGLECT O R ABUSE OF A 1 | |
| 188 | + | STUDENT THAT OCCURRED IN A SELF–CONTAINED SPECIAL ED UCATION 2 | |
| 189 | + | CLASSROOM WHILE A VIDEO RECORDING DEVICE WAS RECORDING . 3 | |
| 191 | 190 | ||
| 192 | - | (3) IF A REQUEST IS MADE UNDER PARAGRAPH (2) OF THIS 3 | |
| 193 | - | SUBSECTION, THE COUNTY BOARD SHA LL STORE THE VIDEO R ECORDING UNTIL THE 4 | |
| 194 | - | REASON FOR THE REQUE ST IS RESOLVED. 5 | |
| 191 | + | (2) THE SCHOOL ADMINISTRA TION AND A REPRESENT ATIVE FROM 4 | |
| 192 | + | THE SUPERINTENDENT ’S OFFICE SHALL REVIE W THE VIDEO RECORDING WITH THE 5 | |
| 193 | + | APPROPRIATE LAW ENFO RCEMENT AGENCY WITHI N 3 DAYS AFTER THE DATE THE 6 | |
| 194 | + | COMPLAINT OR REPORT WAS MADE . 7 | |
| 195 | 195 | ||
| 196 | - | (4) IF A VIDEO RECORDING IS TO BE USED AS EVI DENCE TO SUPPORT 6 | |
| 197 | - | OR REFUTE A COMPLAIN T AGAINST AN EMPLOYE E OR A CONTRACTOR , THE COUNTY 7 | |
| 198 | - | BOARD SHALL RETAIN T HE PORTION OF THE VIDEO RECORDING RELATED TO THE 8 | |
| 199 | - | COMPLAINT FOR AT LEA ST 1 YEAR AFTER THE DATE THE COMPLAINT IS MAD E. 9 | |
| 196 | + | (3) AT THE CONCLUSION OF AN INVESTIGATION CONDUCTED BY A 8 | |
| 197 | + | LAW ENFORCEMENT AGEN CY RELATED TO A COMPLAINT NOTIFICA TION RECEIVED 9 | |
| 198 | + | UNDER PARAGRAPH (1) OF THIS SUBSECTION , AND ON REQUEST OF TH E STUDENT, 10 | |
| 199 | + | PARENT, OR LEGAL GUARDIAN OF THE STUDENT TO WH OM THE VIDEO RECORDI NG 11 | |
| 200 | + | DIRECTLY RELATES , THE SUPERINTENDENT ’S OFFICE SHALL ALLOW THE STUD ENT, 12 | |
| 201 | + | PARENT, OR LEGAL GUARDIAN TO INSPECT AND REVIE W THE VIDEO RECORDIN G. 13 | |
| 200 | 202 | ||
| 201 | - | (E) (1) IF A PERSON DISCOVERS THAT THE OPERATION O F A VIDEO 10 | |
| 202 | - | RECORDING DEVICE HAS BEEN INTERRUPTED , THE PERSON SHALL SUB MIT A 11 | |
| 203 | - | WRITTEN REPORT T O THE PRINCIPAL OF T HE SCHOOL THAT INCLU DES A 12 | |
| 204 | - | DESCRIPTION OF : 13 | |
| 203 | + | (H) (1) IF A SCHOOL ADMINISTR ATOR OR OTHER EMPLOY EE OF A SCHOOL 14 | |
| 204 | + | OBSERVES AN ACTION T HAT COULD BE CONSIDE RED THE ABUSE OR NEG LECT OF A 15 | |
| 205 | + | STUDENT IN A SELF –CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION 16 | |
| 206 | + | AREA, THE SCHOOL ADMINISTRA TOR OR EMPLOYEE SHAL L REPORT THE ACTION IN 17 | |
| 207 | + | ACCORDANCE WITH ANY APPLICABLE CHILD ABU SE AND NEGLECT REPOR TING 18 | |
| 208 | + | GUIDELINES. 19 | |
| 205 | 209 | ||
| 206 | - | (I) HOW THE INTERRUPTION WAS DISCOVERED AND THE; 14 | |
| 210 | + | (2) ON RECEIVING A REPORT UNDER PARAGRAPH (1) OF THIS 20 | |
| 211 | + | SUBSECTION, A PRINCIPAL SHALL NO TIFY A PARENT OR LEG AL GUARDIAN OF THE 21 | |
| 212 | + | STUDENT WHO IS THE S UBJECT OF THE REPORT WITHIN 24 HOURS AFTER 22 | |
| 213 | + | RECEIVING THE REPORT . 23 | |
| 207 | 214 | ||
| 208 | - | (II) THE LENGTH OF THE INTERR UPTION; AND 15 | |
| 215 | + | (I) A COUNTY BOARD SHALL M AKE A REASONABLE ATT EMPT TO CONCEAL 24 | |
| 216 | + | THE IDENTITY OF ANY STUDENT WHO APPEARS IN A VIDEO RECORDING MADE UNDER 25 | |
| 217 | + | THIS SECTION WHO IS NOT INVOLVED IN THE INCI DENT FOR WHICH THE V IDEO 26 | |
| 218 | + | RECORDING IS BEING V IEWED. 27 | |
| 209 | 219 | ||
| 210 | - | (II) (III) THE REASON FOR THE IN TERRUPTION , IF KNOWN. 16 | |
| 220 | + | (J) THE DEPARTMENT , A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 28 | |
| 221 | + | NOT USE A VIDEO RECO RDING DEVICE TO MONI TOR THE PROFESSIONAL 29 | |
| 222 | + | PERFORMANCE OF SCHOO L EMPLOYEES. 30 | |
| 211 | 223 | ||
| 212 | - | (2) THE COUNTY BOARD SHAL L MAINTAIN A REPORT SUBMITTED 17 | |
| 213 | - | UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR 1 YEAR AFTER THE DATE OF THE 18 | |
| 214 | - | SUBMISSION OF THE RE PORT. 19 | |
| 224 | + | (K) THE DEPARTMENT , A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 31 | |
| 225 | + | NOT USE A VIDEO RECO RDING: 32 | |
| 215 | 226 | ||
| 216 | - | (F) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (G) AND (L) OF THIS 20 | |
| 217 | - | SECTION AND PARAGRAP H (2) OF THIS SUBSECTION , A VIDEO RECORDING MA DE IN 21 | |
| 218 | - | ACCORDANCE WITH THIS S ECTION IS CONFIDENTI AL AND MAY NOT BE VI EWED, 22 | |
| 219 | - | SHARED, OR DISSEMINATED IN A NY MANNER. 23 | |
| 220 | - | ||
| 221 | - | (2) THE FOLLOWING PERSONS MAY VIEW A VIDEO REC ORDING MADE 24 | |
| 222 | - | UNDER THIS SECTION : 25 | |
| 223 | - | ||
| 224 | - | (I) A MEMBER OF THE SCHOOL ADMINISTRATION ; 26 | |
| 225 | - | ||
| 226 | - | (II) A SUPERVISOR FROM THE ADMINISTRAT ION OF THE 27 | |
| 227 | - | SCHOOL SYSTEM ; 28 | |
| 228 | - | ||
| 229 | - | (III) A REPRESENTATIVE FROM CHILD PROTECTIVE SERVICES; 29 | |
| 230 | - | AND 30 | |
| 231 | - | ||
| 232 | - | (IV) A LAW ENFORCEMENT AGEN CY. 31 6 HOUSE BILL 226 | |
| 227 | + | (1) AS EVIDENCE IN A COMP LAINT AGAINST A STUD ENT THAT IS NOT 33 | |
| 228 | + | RELATED TO A CRIMINAL COMPLAINT ; OR 34 | |
| 229 | + | 6 HOUSE BILL 226 | |
| 233 | 230 | ||
| 234 | 231 | ||
| 232 | + | (2) IN THE OBSERVATION OR E VALUATION OF A STUDENT FOR 1 | |
| 233 | + | STUDENT PLACEMENT DECISIONS. 2 | |
| 235 | 234 | ||
| 236 | - | (G) (1) THE SCHOOL ADMINISTRATIO N PRINCIPAL OF A SCHOO L 1 | |
| 237 | - | PARTICIPATING IN THE PILOT PROGRAM SHALL NOTIFY THE AP PROPRIATE LAW 2 | |
| 238 | - | ENFORCEMENT AGENCY I N ACCORDANCE WITH § 5–704 OF THE FAMILY LAW 3 | |
| 239 | - | ARTICLE ON RECEIPT OF A COMPLAINT OF ALLEG ED NEGLECT OR ABUSE OF A 4 | |
| 240 | - | STUDENT THAT OCCURRE D IN A SELF –CONTAINED SPECIAL ED UCATION 5 | |
| 241 | - | CLASSROOM WHILE A VI DEO RECORDING DEVICE WAS RECORD ING. 6 | |
| 235 | + | (L) NOTHING IN THIS SECTI ON PRECLUDES THE USE OF A VIDEO 3 | |
| 236 | + | RECORDING IN ACCORDA NCE WITH A DISCIPLIN ARY ACTION OR AN INV ESTIGATION 4 | |
| 237 | + | OF ABUSE OR NEGLECT WITHIN THE SCHOOL SY STEM. 5 | |
| 242 | 238 | ||
| 243 | - | (2) THE SCHOOL ADMINISTRATION AND A REPRESENTATIVE FROM 7 | |
| 244 | - | THE SUPERINTENDENT ’S OFFICE PRINCIPAL AND THE CO UNTY SUPERINTENDENT 8 | |
| 245 | - | SHALL REVIEW THE VID EO RECORDING WITH TH E APPROPRIATE LAW 9 | |
| 246 | - | ENFORCEMENT AGENCY W ITHIN 3 DAYS AFTER THE DATE THE COMPLAINT OR 10 | |
| 247 | - | REPORT WAS MADE . 11 | |
| 239 | + | (M) A COUNTY BOARD MAY SOL ICIT AND ACCEPT GIFT S, GRANTS, AND 6 | |
| 240 | + | DONATIONS FROM ANY P ERSON TO BE USED TOW ARD THE INSTALLATION AND 7 | |
| 241 | + | OPERATION OF A VIDEO RECORDING DEVICE UND ER THIS SECTION. 8 | |
| 248 | 242 | ||
| 249 | - | (3) AT THE CONCLUSION OF AN INVESTIGATION CON DUCTED BY A 12 | |
| 250 | - | LAW ENFORCEMENT AGEN CY RELATED TO A COMP LAINT NOTIFICATION R ECEIVED 13 | |
| 251 | - | UNDER PARAGRAPH (1) OF THIS SUBSECTION , AND ON REQUEST OF THE STUDENT , 14 | |
| 252 | - | PARENT, OR LEGAL GUARDIAN OF THE STUDENT TO WHOM THE VIDEO RE CORDING 15 | |
| 253 | - | DIRECTLY RELATES , THE SUPERINTENDENT ’S OFFICE SHALL ALLOW THE STUDENT , 16 | |
| 254 | - | PARENT, OR LEGAL GUARDIAN TO INSPECT AND REVIEW T HE VIDEO RECORDING A 17 | |
| 255 | - | PARTY DIRECTLY INVOL VED IN THE COMPLAINT , INCLUDING A STUDENT WHO WAS 18 | |
| 256 | - | ALLEGEDLY NEGLEC TED OR ABUSED , THE PARENT OR GUARDI AN OF A STUDENT 19 | |
| 257 | - | WHO WAS ALLEGEDLY NE GLECTED OR ABUSED , OR A MEMBER OF THE S CHOOL 20 | |
| 258 | - | STAFF WHO WAS ALLEGE D TO HAVE NEGLECTED OR ABUSED A STUDENT , SHALL BE 21 | |
| 259 | - | ALLOWED, ON REQUEST, TO INSPECT AND REVIE W THE VIDEO RECORDIN G BY THE 22 | |
| 260 | - | COUNTY SUPERINTENDEN T. 23 | |
| 243 | + | (N) ALL VIDEO RECORDING D EVICES UNDER THIS SE CTION SHALL COMPLY 9 | |
| 244 | + | WITH FEDERAL FIRE AN D SAFETY STANDARDS . 10 | |
| 261 | 245 | ||
| 262 | - | (H) (1) IF A SCHOOL ADMINISTRAT OR OR OTHER AN EMPLOYEE OF A 24 | |
| 263 | - | SCHOOL PARTICIPATING IN THE PILOT PROGRAM OBSERVES AN ACTION T HAT 25 | |
| 264 | - | COULD BE CONSIDERED THE ABUSE OR NEGLECT OF A STUDENT IN A 26 | |
| 265 | - | SELF–CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION AREA, THE 27 | |
| 266 | - | SCHOOL ADMINISTRATOR OR EMPLOYEE SHALL REPORT THE ACTION , IN 28 | |
| 267 | - | ACCORDANCE WITH ANY APPLICABLE CHILD ABU SE AND NEGLECT REPOR TING 29 | |
| 268 | - | GUIDELINES, REPORT THE ACTION TO THE PRINCIPAL OF THE SCHOOL AND ANY 30 | |
| 269 | - | OTHER REQUIRED PARTI ES. 31 | |
| 246 | + | (O) (1) BEGINNING IN THE 2022–2023 SCHOOL YEAR THROUGH THE 11 | |
| 247 | + | 2025–2026 SCHOOL YEAR , EACH COUNTY BOARD SHALL C OLLECT DATA ON : 12 | |
| 270 | 248 | ||
| 271 | - | (2) ON RECEIVING A REPORT UNDER PARAGRAPH (1) OF THIS 32 | |
| 272 | - | SUBSECTION, A PRINCIPAL SHALL NO TIFY A: 33 | |
| 249 | + | (I) THE NUMBER OF VIDEO RECORDING DEVI CES INSTALLED IN 13 | |
| 250 | + | SELF–CONTAINED SPECIAL EDUCATION CLASSROOMS , AGGREGATED BY SCHOOL 14 | |
| 251 | + | LEVEL; 15 | |
| 273 | 252 | ||
| 274 | - | (I) A PARENT OR LEGAL GUAR DIAN OF THE STUDENT WHO IS 34 | |
| 275 | - | THE SUBJECT OF THE R EPORT WITHIN 24 HOURS AFTER RECEIVIN G THE REPORT ; 35 | |
| 276 | - | AND 36 | |
| 277 | - | HOUSE BILL 226 7 | |
| 253 | + | (II) THE NUMBER OF COMPLAINTS RESULTING IN THE VIEWING 16 | |
| 254 | + | OF A VIDEO RECORDING MADE UNDER THIS SECT ION, AGGREGATED BY SCHOOL 17 | |
| 255 | + | LEVEL; 18 | |
| 256 | + | ||
| 257 | + | (III) THE IDENTITY OF THE P ERSON THAT MADE A RE QUEST TO 19 | |
| 258 | + | VIEW A VIDEO RECORDING ; 20 | |
| 259 | + | ||
| 260 | + | (IV) THE REASON FOR THE RE QUEST TO VIEW A VIDEO 21 | |
| 261 | + | RECORDING; AND 22 | |
| 262 | + | ||
| 263 | + | (V) THE RESOLUTION OF THE COMPLAINT THAT WAS THE 23 | |
| 264 | + | SUBJECT OF THE VIDEO RECORDING. 24 | |
| 265 | + | ||
| 266 | + | (2) ON OR BEFORE JULY 1, 2023, AND ON OR BEFORE EACH JULY 1 25 | |
| 267 | + | THEREAFTER THROUGH AND INCLUDIN G JULY 1, 2026, EACH COUNTY BOARD SHALL 26 | |
| 268 | + | SUBMIT A REPORT TO T HE DEPARTMENT ON THE DAT A COLLECTED UNDER 27 | |
| 269 | + | PARAGRAPH (1) OF THIS SUBSECTION F OR THE IMMEDIATELY P RECEDING SCHOOL 28 | |
| 270 | + | YEAR. 29 | |
| 271 | + | ||
| 272 | + | (3) ON RECEIPT OF THE FIN AL REPORT UNDER PARA GRAPH (2) OF 30 | |
| 273 | + | THIS SUBSECTION , THE DEPARTMENT SHALL EVALUATE THE USE OF VIDEO 31 | |
| 274 | + | RECORDING DEVICES IN SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS AND 32 HOUSE BILL 226 7 | |
| 278 | 275 | ||
| 279 | 276 | ||
| 280 | - | ||
| 281 | - | ||
| 277 | + | DETERMINE WHETHER TO USE THE DEVICES IN OTHER SPECIAL EDU CATION 1 | |
| 278 | + | CLASSROOMS . 2 | |
| 282 | 279 | ||
| 283 | - | (I) A COUNTY BOARD SHALL M AKE A REASONABLE ATT EMPT TO CONCEAL 3 | |
| 284 | - | THE IDENTITY OF ANY STUDENT WHO APPEARS IN A VIDEO RECORDING MADE UNDER 4 | |
| 285 | - | THIS SECTION WHO IS NOT INVOLVED IN THE INCIDENT FOR WHICH T HE VIDEO 5 | |
| 286 | - | RECORDING IS BEING V IEWED. 6 | |
| 280 | + | (P) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THE 3 | |
| 281 | + | PROVISIONS OF THIS S ECTION. 4 | |
| 287 | 282 | ||
| 288 | - | (J) THE DEPARTMENT , A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 7 | |
| 289 | - | NOT USE A VIDEO RECO RDING DEVICE INSTALLED IN ACCORDA NCE WITH THIS 8 | |
| 290 | - | SECTION TO MONITOR THE PROFE SSIONAL PERFORMANCE OF SCHOOL EMPLOYEES . 9 | |
| 283 | + | 8–401. 5 | |
| 291 | 284 | ||
| 292 | - | (K) THE DEPARTMENT , A COUNTY BOARD, A SCHOOL, OR A PRINCIPAL MAY 10 | |
| 293 | - | NOT USE A VIDEO RECO RDING MADE IN ACCORDANCE W ITH THIS SECTION: 11 | |
| 285 | + | (a) (1) In this subtitle the following words have the meanings indicated. 6 | |
| 294 | 286 | ||
| 295 | - | ( | |
| 296 | - | ||
| 287 | + | (5) “Special education” means specially designed instruction, at no cost to 7 | |
| 288 | + | parents, to meet the unique needs of a child with a disability, including: 8 | |
| 297 | 289 | ||
| 298 | - | ( | |
| 299 | - | ||
| 290 | + | (i) Instruction in the classroom, in the home, in hospitals and 9 | |
| 291 | + | institutions, and in other settings; and 10 | |
| 300 | 292 | ||
| 301 | - | (L) NOTHING IN THIS SECTI ON PRECLUDES THE USE OF A VIDEO 16 | |
| 302 | - | RECORDING IN ACCORDA NCE WITH A DISCIPLINARY ACTIO N OR AN INVESTIGATION 17 | |
| 303 | - | OF ABUSE OR NEGLECT WITHIN THE SCHOOL SY STEM. 18 | |
| 293 | + | (ii) Instruction in physical education. 11 | |
| 304 | 294 | ||
| 305 | - | (M) A COUNTY BOARD MA Y SOLICIT AND ACCEPT GIFTS, GRANTS, AND 19 | |
| 306 | - | DONATIONS FROM ANY P ERSON TO BE USED TOW ARD THE INSTALLATION AND 20 | |
| 307 | - | OPERATION OF A VIDEO RECORDING DEVICE UND ER THIS SECTION. 21 | |
| 308 | - | ||
| 309 | - | (N) ALL VIDEO RECORDING D EVICES UNDER THIS SE CTION SHALL COMPLY 22 | |
| 310 | - | WITH FEDERAL FIRE AN D SAFETY STANDARDS . 23 | |
| 311 | - | ||
| 312 | - | (O) (N) (1) BEGINNING IN THE 2022–2023 SCHOOL YEAR THROUGH 24 | |
| 313 | - | THE 2025–2026 SCHOOL YEAR , EACH COUNTY BOARD IN THE 2023–2024 SCHOOL 25 | |
| 314 | - | YEAR AND THE 2024–2025 SCHOOL YEAR , EACH COUNTY BOARD PA RTICIPATING IN 26 | |
| 315 | - | THE PILOT PROGRAM SHALL COLLECT DATA ON: 27 | |
| 316 | - | ||
| 317 | - | (I) THE NUMBER OF VIDEO R ECORDING DEVICES INS TALLED IN 28 | |
| 318 | - | SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS , AGGREGATED BY SCHOOL 29 | |
| 319 | - | LEVEL; 30 | |
| 320 | - | ||
| 321 | - | (II) THE NUMBER OF COMPLAI NTS RESULTING IN THE VIEWING 31 | |
| 322 | - | OF A VIDEO RECORDING MADE UNDER THIS SECT ION, AGGREGATED BY S CHOOL 32 | |
| 323 | - | LEVEL; 33 8 HOUSE BILL 226 | |
| 324 | - | ||
| 325 | - | ||
| 326 | - | ||
| 327 | - | (III) THE IDENTITY OF THE P ERSON THAT MADE A RE QUEST TO 1 | |
| 328 | - | VIEW A VIDEO RECORDI NG; 2 | |
| 329 | - | ||
| 330 | - | (IV) THE REASON FOR THE RE QUEST TO VIEW A VIDE O 3 | |
| 331 | - | RECORDING; AND 4 | |
| 332 | - | ||
| 333 | - | (V) THE RESOLUTION OF THE COMPLAINT THAT WAS T HE 5 | |
| 334 | - | SUBJECT OF THE VIDEO RECORDING; AND 6 | |
| 335 | - | ||
| 336 | - | (VI) THE COST TO EACH COUN TY BOARD TO MAINTAIN AND 7 | |
| 337 | - | MONITOR VIDEO RECORD INGS UNDER THE PILOT PROGRAM. 8 | |
| 338 | - | ||
| 339 | - | (2) (I) ON OR BEFORE JULY 1, 2023, AND ON OR BEFORE EAC H 9 | |
| 340 | - | JULY 1 THEREAFTER THROUGH A ND INCLUDING JULY 1, 2026, EACH COUNTY 10 | |
| 341 | - | BOARD ON OR BEFORE JULY 1, 2024, AND ON OR BEFORE JULY 1, 2025, EACH 11 | |
| 342 | - | COUNTY BOARD PARTICI PATING IN THE PILOT PROGRAM SHALL SUBMIT A REPOR T 12 | |
| 343 | - | TO THE DEPARTMENT ON THE DAT A COLLECTED UNDER PA RAGRAPH (1) OF THIS 13 | |
| 344 | - | SUBSECTION FOR THE I MMEDIATELY PRECEDING SCHOOL YEAR . 14 | |
| 345 | - | ||
| 346 | - | (II) FOR COMPARISON PURPOS ES, EACH COUNTY BOARD 15 | |
| 347 | - | PARTICIPATING IN THE PILOT PROGRAM SHALL INCLUDE IN THE REPORTS 16 | |
| 348 | - | SUBMITTED UNDER THIS PARAGRAPH INFORMATIO N COLLECTED DURING T HE 17 | |
| 349 | - | 2022–2023 SCHOOL YEAR ON : 18 | |
| 350 | - | ||
| 351 | - | 1. THE NUMBER OF COMPLAI NTS OF ABUSE OR NEGL ECT 19 | |
| 352 | - | IN THE SAME SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS I N WHICH VIDEO 20 | |
| 353 | - | RECORDING DEVICES AR E INSTALLED BEGINNIN G IN THE 2023–2024 SCHOOL YEAR ; 21 | |
| 354 | - | AND 22 | |
| 355 | - | ||
| 356 | - | 2. THE RESOLUTION OF THO SE COMPLAINTS . 23 | |
| 357 | - | ||
| 358 | - | (3) ON RECEIPT OF THE FINAL REPORT THE REPORTS DUE JULY 1, 24 | |
| 359 | - | 2025, UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL 25 | |
| 360 | - | EVALUATE THE USE OF VIDEO RECORDING DEVI CES IN SELF–CONTAINED SPECIAL 26 | |
| 361 | - | EDUCATION CLASSROOMS AND DETERMINE WHETHER TO USE THE DEVICES IN 27 | |
| 362 | - | OTHER SPECIAL EDUCAT ION CLASSROOMS BY COMPARING THE RES ULTS OF 28 | |
| 363 | - | SCHOOLS PARTICIPATIN G IN THE PILOT PROGRAM WITH OTHER SC HOOLS IN THE 29 | |
| 364 | - | COUNTY, INCLUDING THE FOLLOW ING FOR BOTH PARTICI PATING PUBLIC SCHOOL S 30 | |
| 365 | - | AND OTHER PUBLIC SCH OOLS: 31 | |
| 366 | - | ||
| 367 | - | (I) THE PROPORTION OF COM PLAINTS RECEIVED ABO UT 32 | |
| 368 | - | SUSPECTED ABUSE AND NEGLECT RELATIVE TO THE TOTAL POPULAT ION OF 33 | |
| 369 | - | STUDENTS IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS ; 34 HOUSE BILL 226 9 | |
| 370 | - | ||
| 371 | - | ||
| 372 | - | ||
| 373 | - | (II) THE PROPORTION OF COM PLAINTS DESCRIBED UN DER 1 | |
| 374 | - | ITEM (I) OF THIS PARAGRAPH SU STAINED RELATIVE TO THE TOTAL POPULATION OF 2 | |
| 375 | - | STUDENTS IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS ; AND 3 | |
| 376 | - | ||
| 377 | - | (III) THE RACE, ETHNICITY, AND GENDER OF ANY ST UDENTS IN 4 | |
| 378 | - | A SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH O ARE THE SUBJECTS O F 5 | |
| 379 | - | A COMPLAINT UNDER IT EM (I) OF THIS PARAGRAPH . 6 | |
| 380 | - | ||
| 381 | - | (4) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL 7 | |
| 382 | - | REPORT THE RESULTS OF ITS EVALUATION OF THE US E OF VIDEO RECORDING 8 | |
| 383 | - | DEVICES IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS T O THE 9 | |
| 384 | - | GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 10 | |
| 385 | - | ARTICLE, THE GENERAL ASSEMBLY. 11 | |
| 386 | - | ||
| 387 | - | (P) (O) (1) THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY 12 | |
| 388 | - | OUT THE PROVISIONS OF THIS S ECTION THE STATE SHALL REIMBURSE EACH 13 | |
| 389 | - | COUNTY BOARD THAT PA RTICIPATES IN THE PILOT PROGRAM FOR ANY COSTS 14 | |
| 390 | - | ASSOCIATED WITH PART ICIPATION. 15 | |
| 391 | - | ||
| 392 | - | (2) EACH COUNTY BOARD SHA LL SUBMIT TO THE DEPARTMENT A 16 | |
| 393 | - | REQUEST FOR REIMBURSEMENT FO R THE COSTS ASSOCIAT ED WITH INSTALLING , 17 | |
| 394 | - | MONITORING , AND STORING VIDEO CO LLECTED BY VIDEO REC ORDING DEVICES 18 | |
| 395 | - | INSTALLED IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS . 19 | |
| 396 | - | ||
| 397 | - | (3) IN EACH OF FISCAL YEA RS 2024 AND 2025, THE GOVERNOR SHALL 20 | |
| 398 | - | INCLUDE IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF $100,000 TO THE 21 | |
| 399 | - | DEPARTMENT TO BE USED TO: 22 | |
| 400 | - | ||
| 401 | - | (I) REIMBURSE EACH COUNTY BOARD FOR THE COSTS 23 | |
| 402 | - | REPORTED UNDER PARAG RAPH (2) OF THIS SUBSECTION ; AND 24 | |
| 403 | - | ||
| 404 | - | (II) OTHERWISE ADMINISTER THE PILOT PROGRAM. 25 | |
| 405 | - | ||
| 406 | - | 8–401. 26 | |
| 407 | - | ||
| 408 | - | (a) (1) In this subtitle the following words have the meanings indicated. 27 | |
| 409 | - | ||
| 410 | - | (5) “Special education” means specially designed instruction, at no cost to 28 | |
| 411 | - | parents, to meet the unique needs of a child with a disability, including: 29 | |
| 412 | - | ||
| 413 | - | (i) Instruction in the classroom, in the home, in hospitals and 30 | |
| 414 | - | institutions, and in other settings; and 31 | |
| 415 | - | ||
| 416 | - | (ii) Instruction in physical education. 32 10 HOUSE BILL 226 | |
| 417 | - | ||
| 418 | - | ||
| 419 | - | ||
| 420 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1 | |
| 421 | - | 1, 2022. It shall remain effective for a period of 4 years and, at the end of June 30, 2026, 2 | |
| 422 | - | this Act, with no further action required by the General Assembly, shall be abrogated and 3 | |
| 423 | - | of no further force and effect. 4 | |
| 424 | - | ||
| 425 | - | ||
| 426 | - | ||
| 427 | - | ||
| 428 | - | Approved: | |
| 429 | - | ________________________________________________________________________________ | |
| 430 | - | Governor. | |
| 431 | - | ________________________________________________________________________________ | |
| 432 | - | Speaker of the House of Delegates. | |
| 433 | - | ________________________________________________________________________________ | |
| 434 | - | President of the Senate. | |
| 295 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12 | |
| 296 | + | 1, 2022. 13 |