Maryland 2022 Regular Session

Maryland House Bill HB226 Latest Draft

Bill / Engrossed Version Filed 03/09/2022

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *hb0226*  
  
HOUSE BILL 226 
F1   	2lr1528 
HB 715/21 – W&M   	CF SB 577 
By: Delegates Guyton and Luedtke 
Introduced and read first time: January 13, 2022 
Assigned to: Ways and Means 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 3, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Public Schools – Self–Contained Special Education Classroom – Use of Video 2 
Recording Devices Pilot Program 3 
 
FOR the purpose of requiring each county board of education, beginning in a certain school 4 
year, to install establishing the Self–Contained Special Education Classroom Video 5 
Recording Pilot Program; providing for the administration of, funding for, and 6 
participation in the Pilot Program; requiring certain public schools to allow the 7 
installation of a video recording device in each one self–contained special education 8 
classroom in the school; providing for the installation, operation, notification, and 9 
use of a video recording device and the viewing, use, and confidentiality of system 10 
recordings; requiring the school administration principal of a school participating in 11 
the Pilot Program to notify the appropriate law enforcement agency on receipt of a 12 
complaint of alleged neglect or abuse of a student under certain circumstances; 13 
requiring a school administrator or other an employee of a school to report observed 14 
actions that could be considered the abuse or neglect of a certain student under 15 
certain circumstances; requiring each county board certain county boards of 16 
education to collect certain data regarding video recording devices and system 17 
recordings for certain school years; requiring the State Department of Education to 18 
evaluate the use of video recording devices in self–contained special education 19 
classrooms and make a certain determination report on the evaluation to the 20 
Governor and the General Assembly; and generally relating to the use of video 21 
recording devices in self–contained special education classrooms Self–Contained 22 
Special Education Classroom Video Recording Pilot Program.  23 
 
BY adding to 24  2 	HOUSE BILL 226  
 
 
 Article – Education 1 
Section 7–450 2 
 Annotated Code of Maryland 3 
 (2018 Replacement Volume and 2021 Supplement) 4 
 
BY repealing and reenacting, without amendments, 5 
 Article – Education 6 
Section 8–401(a)(1) and (5) 7 
 Annotated Code of Maryland 8 
 (2018 Replacement Volume and 2021 Supplement) 9 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 
That the Laws of Maryland read as follows: 11 
 
Article – Education 12 
 
7–450. 13 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14 
INDICATED. 15 
 
 (2) “DIGITAL EVIDENCE MANA GEMENT SYSTEM ” MEANS A 16 
CLOUD–BASED STORAGE SYSTEM USED TO STORE ALL RE CORDINGS FROM A VIDE O 17 
RECORDING DEVICE LOC ATED IN A SELF–CONTAINED SPECIAL ED UCATION 18 
CLASSROOM . 19 
 
 (3) “DIVISION” MEANS THE DIVISION OF EARLY INTERVENTION AND 20 
SPECIAL EDUCATION SERVICES WITHIN THE DEPARTMENT .  21 
 
 (4) “EXCLUSION AREA PILOT PROGRAM” MEANS A SUPERVISED AREA 22 
TO WHICH A STUDENT WHO RECEIVES INSTRUCTION IN A SELF–CONTAINED SPECIAL 23 
EDUCATION CLASSROOM IS TAKEN F OR A LIMITED PERIOD OF TIME TO REGAIN 24 
SELF–CONTROL THE SELF–CONTAINED SPECIAL EDUCATION CLASSROOM VIDEO 25 
RECORDING PILOT PROGRAM. 26 
 
 (5) “SELF–CONTAINED SPECIAL ED UCATION CLASSROOM ” MEANS A 27 
CLASSROOM IN A PUBLIC SCHOOL IN WHICH ALL OF THE REGULARLY ATTEND ING 28 
STUDENTS HAVE A DISA BILITY AND ARE PROVIDED SPECIAL EDU CATION 29 
INSTRUCTION IN THAT CLASSROOM FOR AT LEAST 50% OF THE INSTRUCTIONAL DAY, 30 
INCLUDING STUDENTS W HO ARE CLASSIFIED PRIMARILY AS CERTIFICATE TRACK 31 
AND CANNOT RELY ON S PEECH ALONE TO BE HEARD AN D UNDERSTOOD . 32 
 
 (6) “SPECIAL EDUCATION ” HAS THE MEANING STAT ED IN § 8–401 OF 33 
THIS ARTICLE. 34 
   	HOUSE BILL 226 	3 
 
 
 (7) “SYSTEM RECORDING ” MEANS ALL VIDEO CAPT URED AND 1 
UPLOADED FROM A VIDE O RECORDING DEVICE L OCATED IN A SELF–CONTAINED 2 
SPECIAL EDUCATION CL ASSROOM. 3 
 
 (B) (1) (I) EACH COUNTY BOARD SHA LL INSTALL AT LEAST ONE VIDEO 4 
RECORDING DEVICE IN EACH SELF–CONTAINED SPECIAL ED UCATION CLASSROOM 5 
IN ACCORDANCE WITH P ARAGRAPH (2) OF THIS SUBSECTION . 6 
 
 (2) THE INSTALLATION SHALL B E DONE AT THE DISCRE TION OF THE 7 
DIVISION ON THE FOLLO WING SCHEDULE : 8 
 
 (I) BEGINNING IN THE 2022–2023 SCHOOL YEAR , 9 
INSTALLATION IN AT L EAST 50% OF THE SELF–CONTAINED SPECIAL ED UCATION 10 
CLASSROOMS WITHIN TH E LOCAL SCHOOL SYSTE M; AND 11 
 
 (II) BEGINNING IN THE 2023–2024 SCHOOL YEAR , 12 
INSTALLATION IN 100% OF THE SELF –CONTAINED SPECIAL ED UCATION 13 
CLASSROOMS WITHIN TH	E LOCAL SCHOOL SYSTE	M. THERE IS A 14 
SELF–CONTAINED SPECIAL EDUCATION CLASSROOM VIDEO RECORDING PILOT 15 
PROGRAM IN THE DEPARTMENT . 16 
 
 (II) THE PILOT PROGRAM SHALL BE ADMI NISTERED BY THE 17 
DIVISION. 18 
 
 (III) THE DIVISION SHALL SELECT FIVE LOCAL SCHOOL 19 
SYSTEMS IN THE STATE WITH ATTENTION TO GEOGRAPHIC DIVERS ITY AND WHERE , 20 
IN THE JUDGMENT OF T HE DIVISION, VIDEO MONITORING OF SELF–CONTAINED 21 
SPECIAL EDUCATION CL ASSROOMS IS MOST ACU TELY NECESSARY . 22 
 
 (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 23 
COUNTY SUPERINTENDEN T OF EACH LOCAL SCHO OL SYSTEM SELECTED I N 24 
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION S HALL CHOOSE ONE 25 
PUBLIC ELEMENTARY SCHOOL AND ONE PUBLIC HIGH SCHO OL WITHIN THE LOCAL 26 
SCHOOL SYSTEM TO INS TALL A VIDEO RECORDI NG DEVICE IN ONE SEL F–CONTAINED 27 
SPECIAL EDUCATION CL ASSROOM IN EACH SCHO OL. 28 
 
 (II) THE COUNTY SUPERINTEN	DENT SHALL CHOOSE 29 
SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS THAT HA VE AMONG THE 30 
HIGHEST NUMBERS OF A TTENDANCE IN ANY SEL F–CONTAINED SPECIAL ED UCATION 31 
CLASSROOMS IN THE LO CAL SCHOOL SYSTEM . 32 
 
 (III) BEGINNING WITH THE 2023–2024 SCHOOL YEAR , THE 33 
DIVISION SHALL INSTAL L AT LEAST ONE VIDEO RECORDING DEVICE IN EACH  34  4 	HOUSE BILL 226  
 
 
SELF–CONTAINED SPECIAL ED UCATION CLASSROOM SE LECTED IN ACCORDANCE 1 
WITH THIS SUBSECTION . 2 
 
 (3) A VIDEO RECORDING DEVI CE UNDER THIS SUBSEC TION SHALL 3 
RECORD:  4 
 
 (I) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 5 
SUBSECTION, ALL AREAS OF THE SEL F–CONTAINED SPECIAL ED UCATION 6 
CLASSROOM , INCLUDING ALL EXCLUS ION AREAS; AND 7 
 
 (II) DURING SCHOOL HOURS A	ND AT ANY TIME THE 8 
SELF–CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION AREA IS IN USE. 9 
 
 (4) A VIDEO RECORDING DEVI CE UNDER THIS SECTIO N MAY NOT 10 
RECORD INSIDE BATHRO OM AREAS OR IN AREAS THAT STUDENTS USE TO CHANGE 11 
CLOTHING. 12 
 
 (C) EACH COUNTY BOARD PUBLIC SCHOOL PARTIC IPATING IN THE PILOT 13 
PROGRAM SHALL PROVIDE NOTICE OF THE USE OF A VIDE O RECORDING DEVICE I N 14 
A SELF–CONTAINED SPECIAL ED UCATION CLASSROOM BY : 15 
 
 (1) POSTING A SIGN IN A C ONSPICUOUS LOCATION OUTSIDE EACH 16 
SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH ERE A VIDEO RECORDIN G 17 
DEVICE IS USED; 18 
 
 (2) PROVIDING WRITTEN NOT ICE TO THE PARENT OR LEGAL 19 
GUARDIAN OF EACH STU DENT WHO RECEIVES IN STRUCTION IN A SELF –CONTAINED 20 
SPECIAL EDUCATION CL ASSROOM; AND 21 
 
 (3) PROVIDING WRITTEN NOT ICE IN THE STUDENT H ANDBOOK OF 22 
THE USE OF VIDEO REC ORDING DEVICES ; AND 23 
  
 (4) PROVIDING WRITTEN NOT ICE AT LEAST 2 WEEKS IN ADVANCE OF 24 
THE ACTIVATION OF TH E VIDEO RECORDING DE VICE TO ALL SCHOOL P ERSONNEL 25 
WHO PROVIDE INSTRUCT ION OR OTHERWISE SUP PORT THE STUDENTS IN THE  26 
SELF–CONTAINED SPECIAL ED UCATION CLASSROOM . 27 
 
 (D) (1) ALL SYSTEM RECORDINGS SHALL BE UPLOADED TO A DIGITAL 28 
EVIDENCE MANAGEMENT SYSTEM ADMINISTERED BY A CO UNTY BOARD 29 
PARTICIPATING IN THE PILOT PROGRAM AND SHALL REMAIN THE PROPERTY OF 30 
THE COUNTY BOARD .  31 
 
 (2) UNLESS A COUNTY BOARD RECEIVES A REQUEST T O VIEW OR 32 
STORE A PARTICULAR V IDEO RECORDING , THE COUNTY BOARD SHA LL STORE A 33   	HOUSE BILL 226 	5 
 
 
VIDEO RECORDING MADE UNDER THIS SECTION F OR AT LEAST 3 MONTHS AND NOT 1 
MORE THAN 6 MONTHS AFTER THE DATE OF TH E RECORDING. 2 
 
 (3) IF A REQUEST IS MADE UNDER PARAGRAPH (2) OF THIS 3 
SUBSECTION, THE COUNTY BOARD SHA LL STORE THE VIDEO R ECORDING UNTIL THE 4 
REASON FOR THE REQUE ST IS RESOLVED. 5 
 
 (4) IF A VIDEO RECORDING IS TO BE USED AS EVI DENCE TO SUPPORT 6 
OR REFUTE A COMPLAIN T AGAINST AN EMPLOYE E OR A CONTRACTOR , THE COUNTY 7 
BOARD SHALL RETAIN T HE PORTION OF THE VIDEO RECORDING RELATED TO THE 8 
COMPLAINT FOR AT LEA ST 1 YEAR AFTER THE DATE THE COMPLAINT IS MAD E. 9 
 
 (E) (1) IF A PERSON DISCOVERS THAT THE OPERATION O F A VIDEO 10 
RECORDING DEVICE HAS BEEN INTERRUPTED , THE PERSON SHALL SUB MIT A 11 
WRITTEN REPORT T O THE PRINCIPAL OF T HE SCHOOL THAT INCLU DES A 12 
DESCRIPTION OF : 13 
 
 (I) HOW THE INTERRUPTION WAS DISCOVERED AND THE; 14 
 
 (II) THE LENGTH OF THE INTERR UPTION; AND 15 
 
 (II) (III) THE REASON FOR THE IN TERRUPTION , IF KNOWN. 16 
 
 (2) THE COUNTY BOARD SHAL L MAINTAIN A REPORT SUBMITTED 17 
UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR 1 YEAR AFTER THE DATE OF THE 18 
SUBMISSION OF THE RE PORT. 19 
 
 (F) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (G) AND (L) OF THIS 20 
SECTION AND PARAGRAP H (2) OF THIS SUBSECTION , A VIDEO RECORDING MA DE IN 21 
ACCORDANCE WITH THIS S ECTION IS CONFIDENTI AL AND MAY NOT BE VI EWED, 22 
SHARED, OR DISSEMINATED IN A NY MANNER. 23 
 
 (2) THE FOLLOWING PERSONS MAY VIEW A VIDEO REC ORDING MADE 24 
UNDER THIS SECTION : 25 
 
 (I) A MEMBER OF THE SCHOOL ADMINISTRATION ; 26 
 
 (II) A SUPERVISOR FROM THE ADMINISTRAT ION OF THE 27 
SCHOOL SYSTEM ; 28 
 
 (III) A REPRESENTATIVE FROM CHILD PROTECTIVE SERVICES; 29 
AND 30 
 
 (IV) A LAW ENFORCEMENT AGEN CY. 31  6 	HOUSE BILL 226  
 
 
 
 (G) (1) THE SCHOOL ADMINISTRATIO N PRINCIPAL OF A SCHOO L 1 
PARTICIPATING IN THE PILOT PROGRAM SHALL NOTIFY THE AP PROPRIATE LAW 2 
ENFORCEMENT AGENCY I N ACCORDANCE WITH § 5–704 OF THE FAMILY LAW 3 
ARTICLE ON RECEIPT OF A COMPLAINT OF ALLEG ED NEGLECT OR ABUSE OF A 4 
STUDENT THAT OCCURRE D IN A SELF –CONTAINED SPECIAL ED UCATION 5 
CLASSROOM WHILE A VI DEO RECORDING DEVICE WAS RECORD ING.  6 
 
 (2) THE SCHOOL ADMINISTRATION AND A REPRESENTATIVE FROM 7 
THE SUPERINTENDENT ’S OFFICE PRINCIPAL AND THE CO UNTY SUPERINTENDENT 8 
SHALL REVIEW THE VID EO RECORDING WITH TH E APPROPRIATE LAW 9 
ENFORCEMENT AGENCY W ITHIN 3 DAYS AFTER THE DATE THE COMPLAINT OR 10 
REPORT WAS MADE . 11 
 
 (3) AT THE CONCLUSION OF AN INVESTIGATION CON DUCTED BY A 12 
LAW ENFORCEMENT AGEN CY RELATED TO A COMP LAINT NOTIFICATION R ECEIVED 13 
UNDER PARAGRAPH (1) OF THIS SUBSECTION , AND ON REQUEST OF THE STUDENT , 14 
PARENT, OR LEGAL GUARDIAN OF THE STUDENT TO WHOM THE VIDEO RE CORDING 15 
DIRECTLY RELATES , THE SUPERINTENDENT ’S OFFICE SHALL ALLOW THE STUDENT , 16 
PARENT, OR LEGAL GUARDIAN TO INSPECT AND REVIEW T HE VIDEO RECORDING A 17 
PARTY DIRECTLY INVOL VED IN THE COMPLAINT , INCLUDING A STUDENT WHO WAS 18 
ALLEGEDLY NEGLEC TED OR ABUSED , THE PARENT OR GUARDI AN OF A STUDENT 19 
WHO WAS ALLEGEDLY NE GLECTED OR ABUSED , OR A MEMBER OF THE S CHOOL 20 
STAFF WHO WAS ALLEGE D TO HAVE NEGLECTED OR ABUSED A STUDENT , SHALL BE 21 
ALLOWED, ON REQUEST, TO INSPECT AND REVIE W THE VIDEO RECORDIN G BY THE 22 
COUNTY SUPERINTENDEN T. 23 
 
 (H) (1) IF A SCHOOL ADMINISTRAT OR OR OTHER AN EMPLOYEE OF A 24 
SCHOOL PARTICIPATING IN THE PILOT PROGRAM OBSERVES AN ACTION T HAT 25 
COULD BE CONSIDERED THE ABUSE OR NEGLECT OF A STUDENT IN A 26 
SELF–CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION AREA, THE 27 
SCHOOL ADMINISTRATOR OR EMPLOYEE SHALL REPORT THE ACTION , IN 28 
ACCORDANCE WITH ANY APPLICABLE CHILD ABU SE AND NEGLECT REPOR TING 29 
GUIDELINES, REPORT THE ACTION TO THE PRINCIPAL OF THE SCHOOL AND ANY 30 
OTHER REQUIRED PARTI ES. 31 
 
 (2) ON RECEIVING A REPORT UNDER PARAGRAPH (1) OF THIS 32 
SUBSECTION, A PRINCIPAL SHALL NO TIFY A: 33 
 
 (I) A PARENT OR LEGAL GUAR DIAN OF THE STUDENT WHO IS 34 
THE SUBJECT OF THE R EPORT WITHIN 24 HOURS AFTER RECEIVIN G THE REPORT ; 35 
AND 36 
   	HOUSE BILL 226 	7 
 
 
 (II) A SCHOOL EMPLOYEE WHO IS INVOLVED WITH THE 1 
ALLEGED ABUSE OR NEG LECT. 2 
 
 (I) A COUNTY BOARD SHALL M AKE A REASONABLE ATT EMPT TO CONCEAL 3 
THE IDENTITY OF ANY STUDENT WHO APPEARS IN A VIDEO RECORDING MADE UNDER 4 
THIS SECTION WHO IS NOT INVOLVED IN THE INCIDENT FOR WHICH T HE VIDEO 5 
RECORDING IS BEING V IEWED. 6 
 
 (J) THE DEPARTMENT , A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 7 
NOT USE A VIDEO RECO RDING DEVICE INSTALLED IN ACCORDA NCE WITH THIS 8 
SECTION TO MONITOR THE PROFE SSIONAL PERFORMANCE OF SCHOOL EMPLOYEES . 9 
 
 (K) THE DEPARTMENT , A COUNTY BOARD, A SCHOOL, OR A PRINCIPAL MAY 10 
NOT USE A VIDEO RECO RDING MADE IN ACCORDANCE W ITH THIS SECTION:  11 
 
 (1) AS EVIDENCE IN A COMP LAINT AGAINST A STUD ENT OR SCHOOL 12 
EMPLOYEE THAT IS NOT RELATED TO A CRIMINAL COMPLA INT; OR 13 
 
 (2) IN THE OBSERVATION OR EVALUATION OF A STUD ENT FOR 14 
STUDENT PLACEMENT DE CISIONS. 15 
 
 (L) NOTHING IN THIS SECTI ON PRECLUDES THE USE OF A VIDEO 16 
RECORDING IN ACCORDA NCE WITH A DISCIPLINARY ACTIO N OR AN INVESTIGATION 17 
OF ABUSE OR NEGLECT WITHIN THE SCHOOL SY STEM. 18 
 
 (M) A COUNTY BOARD MA Y SOLICIT AND ACCEPT GIFTS, GRANTS, AND 19 
DONATIONS FROM ANY P ERSON TO BE USED TOW ARD THE INSTALLATION AND 20 
OPERATION OF A VIDEO RECORDING DEVICE UND ER THIS SECTION. 21 
 
 (N) ALL VIDEO RECORDING D EVICES UNDER THIS SE CTION SHALL COMPLY 22 
WITH FEDERAL FIRE AN D SAFETY STANDARDS . 23 
 
 (O) (N) (1) BEGINNING IN THE 2022–2023 SCHOOL YEAR THROUGH 24 
THE 2025–2026 SCHOOL YEAR , EACH COUNTY BOARD IN THE 2023–2024 SCHOOL 25 
YEAR AND THE 2024–2025 SCHOOL YEAR , EACH COUNTY BOARD PA RTICIPATING IN 26 
THE PILOT PROGRAM SHALL COLLECT DATA ON: 27 
 
 (I) THE NUMBER OF VIDEO R ECORDING DEVICES INS TALLED IN 28 
SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS , AGGREGATED BY SCHOOL 29 
LEVEL; 30 
 
 (II) THE NUMBER OF COMPLAI NTS RESULTING IN THE VIEWING 31 
OF A VIDEO RECORDING MADE UNDER THIS SECT ION, AGGREGATED BY S CHOOL 32 
LEVEL; 33  8 	HOUSE BILL 226  
 
 
 
 (III) THE IDENTITY OF THE P ERSON THAT MADE A RE QUEST TO 1 
VIEW A VIDEO RECORDI NG;  2 
 
 (IV) THE REASON FOR THE RE QUEST TO VIEW A VIDE O 3 
RECORDING; AND 4 
 
 (V) THE RESOLUTION OF THE COMPLAINT THAT WAS T HE 5 
SUBJECT OF THE VIDEO RECORDING; AND 6 
 
 (VI) THE COST TO EACH COUN TY BOARD TO MAINTAIN AND 7 
MONITOR VIDEO RECORD INGS UNDER THE PILOT PROGRAM. 8 
 
 (2) (I) ON OR BEFORE JULY 1, 2023, AND ON OR BEFORE EAC H 9 
JULY 1 THEREAFTER THROUGH A ND INCLUDING JULY 1, 2026, EACH COUNTY 10 
BOARD ON OR BEFORE JULY 1, 2024, AND ON OR BEFORE JULY 1, 2025, EACH 11 
COUNTY BOARD PARTICI PATING IN THE PILOT PROGRAM SHALL SUBMIT A REPOR T 12 
TO THE DEPARTMENT ON THE DAT A COLLECTED UNDER PA RAGRAPH (1) OF THIS 13 
SUBSECTION FOR THE I MMEDIATELY PRECEDING SCHOOL YEAR . 14 
 
 (II) FOR COMPARISON PURPOS ES, EACH COUNTY BOARD 15 
PARTICIPATING IN THE PILOT PROGRAM SHALL INCLUDE IN THE REPORTS 16 
SUBMITTED UNDER THIS PARAGRAPH INFORMATIO N COLLECTED DURING T HE 17 
2022–2023 SCHOOL YEAR ON :  18 
 
 1. THE NUMBER OF COMPLAI NTS OF ABUSE OR NEGL ECT 19 
IN THE SAME SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS I N WHICH VIDEO 20 
RECORDING DEVICES AR E INSTALLED BEGINNIN G IN THE 2023–2024 SCHOOL YEAR ; 21 
AND  22 
 
 2. THE RESOLUTION OF THO SE COMPLAINTS .  23 
 
 (3) ON RECEIPT OF THE FINAL REPORT THE REPORTS DUE JULY 1, 24 
2025, UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL 25 
EVALUATE THE USE OF VIDEO RECORDING DEVI CES IN SELF–CONTAINED SPECIAL 26 
EDUCATION CLASSROOMS AND DETERMINE WHETHER TO USE THE DEVICES IN 27 
OTHER SPECIAL EDUCAT ION CLASSROOMS BY COMPARING THE RES ULTS OF 28 
SCHOOLS PARTICIPATIN G IN THE PILOT PROGRAM WITH OTHER SC HOOLS IN THE 29 
COUNTY, INCLUDING THE FOLLOW ING FOR BOTH PARTICI PATING PUBLIC SCHOOL S 30 
AND OTHER PUBLIC SCH OOLS: 31 
 
 (I) THE PROPORTION OF COM PLAINTS RECEIVED ABO UT 32 
SUSPECTED ABUSE AND NEGLECT RELATIVE TO THE TOTAL POPULAT ION OF 33 
STUDENTS IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS ; 34   	HOUSE BILL 226 	9 
 
 
 
 (II) THE PROPORTION OF COM PLAINTS DESCRIBED UN DER 1 
ITEM (I) OF THIS PARAGRAPH SU STAINED RELATIVE TO THE TOTAL POPULATION OF 2 
STUDENTS IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS ; AND 3 
 
 (III) THE RACE, ETHNICITY, AND GENDER OF ANY ST UDENTS IN 4 
A SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH O ARE THE SUBJECTS O F 5 
A COMPLAINT UNDER IT EM (I) OF THIS PARAGRAPH . 6 
 
 (4) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL 7 
REPORT THE RESULTS OF ITS EVALUATION OF THE US E OF VIDEO RECORDING 8 
DEVICES IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS T O THE 9 
GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 10 
ARTICLE, THE GENERAL ASSEMBLY. 11 
 
 (P) (O) (1) THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY 12 
OUT THE PROVISIONS OF THIS S ECTION THE STATE SHALL REIMBURSE EACH 13 
COUNTY BOARD THAT PA RTICIPATES IN THE PILOT PROGRAM FOR ANY COSTS 14 
ASSOCIATED WITH PART ICIPATION. 15 
 
 (2) EACH COUNTY BOARD SHA LL SUBMIT TO THE DEPARTMENT A 16 
REQUEST FOR REIMBURSEMENT FO R THE COSTS ASSOCIAT ED WITH INSTALLING , 17 
MONITORING , AND STORING VIDEO CO LLECTED BY VIDEO REC ORDING DEVICES 18 
INSTALLED IN SELF –CONTAINED SPECIAL ED UCATION CLASSROOMS . 19 
 
 (3) IN EACH OF FISCAL YEA RS 2024 AND 2025, THE GOVERNOR SHALL 20 
INCLUDE IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF $100,000 TO THE 21 
DEPARTMENT TO BE USED TO:  22 
 
 (I) REIMBURSE EACH COUNTY BOARD FOR THE COSTS 23 
REPORTED UNDER PARAG RAPH (2) OF THIS SUBSECTION ; AND 24 
 
 (II) OTHERWISE ADMINISTER THE PILOT PROGRAM. 25 
 
8–401. 26 
 
 (a) (1) In this subtitle the following words have the meanings indicated. 27 
 
 (5) “Special education” means specially designed instruction, at no cost to 28 
parents, to meet the unique needs of a child with a disability, including: 29 
 
 (i) Instruction in the classroom, in the home, in hospitals and 30 
institutions, and in other settings; and 31 
 
 (ii) Instruction in physical education. 32  10 	HOUSE BILL 226  
 
 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1 
1, 2022. It shall remain effective for a period of 4 years and, at the end of June 30, 2026, 2 
this Act, with no further action required by the General Assembly, shall be abrogated and 3 
of no further force and effect.  4 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.