Maryland 2022 Regular Session

Maryland Senate Bill SB577 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0577*
66
77 SENATE BILL 577
88 F1 2lr2161
99 SB 665/21 – EHE CF HB 226
1010 By: Senators Klausmeier, Hester, Hough, and Kelley
1111 Introduced and read first time: February 2, 2022
1212 Assigned to: Education, Health, and Environmental Affairs
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Public Schools – Self–Contained Special Education Classroom – Use of Video 2
1919 Recording Devices 3
2020
2121 FOR the purpose of requiring each county board of education, beginning in a certain school 4
2222 year, to install a video recording device in each self–contained special education 5
2323 classroom; providing for the installation, operation, notification, and use of a video 6
2424 recording device and the viewing, use, and confidentiality of system recordings; 7
2525 requiring the school administration to notify the appropriate law enforcement 8
2626 agency on receipt of a complaint of alleged neglect or abuse of a student under certain 9
2727 circumstances; requiring a school administrator or other employee of a school to 10
2828 report observed actions that could be considered the abuse or neglect of a certain 11
2929 student under certain circumstances; requiring each county board to collect certain 12
3030 data regarding video recording devices and system recordings for certain school 13
3131 years; requiring the State Department of Education to evaluate the use of video 14
3232 recording devices in self–contained special education classrooms and make a certain 15
3333 determination; and generally relating to the use of video recording devices in 16
3434 self–contained special education classrooms. 17
3535
3636 BY adding to 18
3737 Article – Education 19
3838 Section 7–450 20
3939 Annotated Code of Maryland 21
4040 (2018 Replacement Volume and 2021 Supplement) 22
4141
4242 BY repealing and reenacting, without amendments, 23
4343 Article – Education 24
4444 Section 8–401(a)(1) and (5) 25
4545 Annotated Code of Maryland 26
4646 (2018 Replacement Volume and 2021 Supplement) 27
4747
4848 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28 2 SENATE BILL 577
4949
5050
5151 That the Laws of Maryland read as follows: 1
5252
5353 Article – Education 2
5454
5555 7–450. 3
5656
5757 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 4
5858 INDICATED. 5
5959
6060 (2) “DIGITAL EVIDENCE MANA GEMENT SYSTEM ” MEANS A 6
6161 CLOUD–BASED STORAGE SYSTEM USED TO STORE ALL RE CORDINGS FROM A VIDE O 7
6262 RECORDING DEVICE LOC ATED IN A SELF –CONTAINED SPECIAL ED UCATION 8
6363 CLASSROOM . 9
6464
6565 (3) “DIVISION” MEANS THE DIVISION OF EARLY INTERVENTION AND 10
6666 SPECIAL EDUCATION SERVICES WITHIN THE DEPARTMENT . 11
6767
6868 (4) “EXCLUSION AREA ” MEANS A SUPERVISED A REA TO WHICH A 12
6969 STUDENT WHO RECEIVES INSTRUCTION IN A SELF–CONTAINED SPECIAL ED UCATION 13
7070 CLASSROOM IS TAKEN F OR A LIMITED PERIOD OF TIME TO REGAIN SE LF–CONTROL. 14
7171
7272 (5) “SELF–CONTAINED SPECIAL ED UCATION CLASSROOM ” MEANS A 15
7373 CLASSROOM IN A PUBLI C SCHOOL IN WHICH TH E REGULARLY ATTENDIN G STUDENTS 16
7474 HAVE A DISABILITY AND ARE P ROVIDED SPECIAL EDUC ATION INSTRUCTION FO R AT 17
7575 LEAST 50% OF THE INSTRUCTIONAL DAY, INCLUDING STUDENTS W HO ARE 18
7676 CLASSIFIED PRIMARILY AS CERTIFICATE TRACK AND CANNOT RELY ON S PEECH 19
7777 ALONE TO BE HEARD AN D UNDERSTOOD . 20
7878
7979 (6) “SPECIAL EDUCATION ” HAS THE MEANING STAT ED IN § 8–401 OF 21
8080 THIS ARTICLE. 22
8181
8282 (7) “SYSTEM RECORDING ” MEANS ALL VIDEO CAPT URED AND 23
8383 UPLOADED FROM A VIDE O RECORDING DEVICE L OCATED IN A SELF –CONTAINED 24
8484 SPECIAL EDUCATION CL ASSROOM. 25
8585
8686 (B) (1) EACH COUNTY BOARD SHA LL INSTALL AT LEAST ONE VIDEO 26
8787 RECORDING DEVICE IN EACH SELF–CONTAINED SPECIAL ED UCATION CLASSROOM 27
8888 IN ACCORDANCE WITH P ARAGRAPH (2) OF THIS SUBSECTION . 28
8989
9090 (2) THE INSTALLATION SHAL L BE DONE AT THE DIS CRETION OF THE 29
9191 DIVISION ON THE FOLLO WING SCHEDULE : 30
9292
9393 (I) BEGINNING IN THE 2022–2023 SCHOOL YEAR , 31
9494 INSTALLATION IN AT L EAST 50% OF THE SELF–CONTAINED SPECIAL ED UCATION 32 SENATE BILL 577 3
9595
9696
9797 CLASSROOMS WITHIN TH E LOCAL SCHOOL SYSTE M; AND 1
9898
9999 (II) BEGINNING IN THE 2023–2024 SCHOOL YEAR , 2
100100 INSTALLATION IN 100% OF THE SELF –CONTAINED SPECIAL ED UCATION 3
101101 CLASSROOMS WITHIN THE LOCAL SCH OOL SYSTEM. 4
102102
103103 (3) A VIDEO RECORDING DEVI CE UNDER THIS SUBSEC TION SHALL 5
104104 RECORD: 6
105105
106106 (I) EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 7
107107 SUBSECTION, ALL AREAS OF THE SEL F–CONTAINED SPECIAL ED UCATION 8
108108 CLASSROOM , INCLUDING ALL EXCLUS ION AREAS; AND 9
109109
110110 (II) DURING SCHOOL HOURS A ND AT ANY TIME THE 10
111111 SELF–CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION AREA IS IN USE. 11
112112
113113 (4) A VIDEO RECORDING DEVI CE UNDER THIS SECTIO N MAY NOT 12
114114 RECORD INSIDE BATHRO OM AREAS OR IN AREAS THAT STUDENTS USE TO CHANGE 13
115115 CLOTHING. 14
116116
117117 (C) EACH COUNTY BOARD SHA LL PROVIDE NOTICE OF THE USE OF A VIDEO 15
118118 RECORDING DEVICE IN A SELF–CONTAINED SPECIAL ED UCATION CLASSROOM BY : 16
119119
120120 (1) POSTING A SIGN IN A C ONSPICUOUS LOCATION OUTSIDE EACH 17
121121 SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH ERE A VIDEO RECORDING 18
122122 DEVICE IS USED; 19
123123
124124 (2) PROVIDING WRITTEN NOT ICE TO THE PARENT OR LEGAL 20
125125 GUARDIAN OF EACH STU DENT WHO RECEIVES IN STRUCTION IN A SELF –CONTAINED 21
126126 SPECIAL EDUCATION CL ASSROOM; AND 22
127127
128128 (3) PROVIDING WRITTEN NOT ICE IN THE STUDENT H ANDBOOK OF 23
129129 THE USE OF VIDEO RECORDI NG DEVICES. 24
130130
131131 (D) (1) ALL SYSTEM RECORDINGS SHALL BE UPLOADED TO A DIGITAL 25
132132 EVIDENCE MANAGEMENT SYSTEM AND SHALL REM AIN THE PROPERTY OF THE 26
133133 COUNTY BOARD . 27
134134
135135 (2) UNLESS A COUNTY BOARD RECEIVES A REQUEST T O VIEW OR 28
136136 STORE A PARTICULAR V IDEO RECORDING , THE COUNTY BOARD SHA LL STORE A 29
137137 VIDEO RECORDING MADE UNDER THIS SECTION F OR AT LEAST 3 MONTHS AND NOT 30
138138 MORE THAN 6 MONTHS AFTER THE DAT E OF THE RECORDING . 31
139139 4 SENATE BILL 577
140140
141141
142142 (3) IF A REQUEST IS MADE UNDER PARAGRAPH (2) OF THIS 1
143143 SUBSECTION, THE COUNTY BOARD SHA LL STORE THE VIDEO RECO RDING UNTIL THE 2
144144 REASON FOR THE REQUE ST IS RESOLVED. 3
145145
146146 (4) IF A VIDEO RECORDING IS TO BE USED AS EVI DENCE TO SUPPORT 4
147147 OR REFUTE A COMPLAIN T AGAINST AN EMPLOYE E OR A CONTRACTOR , THE COUNTY 5
148148 BOARD SHALL RETAIN T HE PORTION OF THE VI DEO RECORDING RELATED TO THE 6
149149 COMPLAINT FOR AT LEA ST 1 YEAR AFTER THE DATE THE COMPLAINT IS MAD E. 7
150150
151151 (E) (1) IF A PERSON DISCOVERS THAT THE OPERATION O F A VIDEO 8
152152 RECORDING DEVICE HAS BEEN INTERRUPTED , THE PERSON SHALL SUB MIT A 9
153153 WRITTEN REPORT TO TH E PRINCIPAL OF THE S CHOOL THAT INCLUDES A 10
154154 DESCRIPTION OF : 11
155155
156156 (I) HOW THE INTERRUPTION WAS DISCOVERED AND T HE 12
157157 LENGTH OF THE INTERR UPTION; AND 13
158158
159159 (II) THE REASON FOR THE IN TERRUPTION , IF KNOWN. 14
160160
161161 (2) THE COUNTY BOARD SHAL L MAINTAIN A REPORT SUBMITTED 15
162162 UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR 1 YEAR AFTER THE DATE OF THE 16
163163 SUBMISSION OF THE RE PORT. 17
164164
165165 (F) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (G) AND (L) OF THIS 18
166166 SECTION AND PARAGRAP H (2) OF THIS SUBSECTION , A VIDEO RECORDING MA DE IN 19
167167 ACCORDANCE WITH THIS SECTION IS CONFIDENT IAL AND MAY NOT BE VIEWE D, 20
168168 SHARED, OR DISSEMINATED IN A NY MANNER. 21
169169
170170 (2) THE FOLLOWING PERSONS MAY VIEW A VIDEO REC ORDING MADE 22
171171 UNDER THIS SECTION : 23
172172
173173 (I) A MEMBER OF THE SCHOOL ADMINISTRATION ; 24
174174
175175 (II) A SUPERVISOR FROM THE ADMINISTRATION OF TH E 25
176176 SCHOOL SYSTEM ; 26
177177
178178 (III) A REPRESENTATIVE FROM CHILD PROTECTIVE SERVICES; 27
179179 AND 28
180180
181181 (IV) A LAW ENFORCEMENT AGEN CY. 29
182182
183183 (G) (1) THE SCHOOL ADMINISTRA TION SHALL NOTIFY TH E APPROPRIATE 30
184184 LAW ENFORCEMENT AGEN CY IN ACCORDANCE WIT H § 5–704 OF THE FAMILY LAW 31 SENATE BILL 577 5
185185
186186
187187 ARTICLE ON RECEIPT OF A COMPLAINT OF ALLEG ED NEGLECT OR ABUSE OF A 1
188188 STUDENT THAT OCCURRE D IN A SELF –CONTAINED SPECIAL ED UCATION 2
189189 CLASSROOM WHILE A VI DEO RECORDING DEVICE WAS RECORDING . 3
190190
191191 (2) THE SCHOOL ADMINISTRA TION AND A REPRESENT ATIVE FROM 4
192192 THE SUPERINT ENDENT’S OFFICE SHALL REVIE W THE VIDEO RECORDIN G WITH THE 5
193193 APPROPRIATE LAW ENFO RCEMENT AGENCY WITHI N 3 DAYS AFTER THE DATE THE 6
194194 COMPLAINT OR REPORT WAS MADE. 7
195195
196196 (3) AT THE CONCLUSION OF AN INVESTIGATION CON DUCTED BY A 8
197197 LAW ENFORCEMENT AGEN CY RELATED TO A COMP LAINT NOTIFICATION R ECEIVED 9
198198 UNDER PARAGRAPH (1) OF THIS SUBSECTION , AND ON REQUEST OF TH E STUDENT, 10
199199 PARENT, OR LEGAL GUARDIAN OF THE STUDENT TO WHOM THE VIDEO RECORDING 11
200200 DIRECTLY RELATES , THE SUPERINTENDENT ’S OFFICE SHALL ALLOW THE STUDENT , 12
201201 PARENT, OR LEGAL GUARDIAN TO INSPECT AND REVIEW THE VIDEO RECORDING. 13
202202
203203 (H) (1) IF A SCHOOL ADMINISTR ATOR OR OTHER EMPLOY EE OF A SCHOOL 14
204204 OBSERVES AN ACTION T HAT COULD BE CONSIDE RED THE ABUSE OR NEG LECT OF A 15
205205 STUDENT IN A SELF –CONTAINED SPECIAL ED UCATION CLASSROOM OR EXCLUSION 16
206206 AREA, THE SCHOOL ADMINISTR ATOR OR EMPLOYEE SHA LL REPORT THE ACTION IN 17
207207 ACCORDANCE WITH ANY APPLICABLE CHILD ABU SE AND NEGLECT REPOR TING 18
208208 GUIDELINES. 19
209209
210210 (2) ON RECEIVING A REPORT UNDER PARAGRAPH (1) OF THIS 20
211211 SUBSECTION, A PRINCIPAL SHALL NO TIFY A PARENT OR LE GAL GUARDIAN OF THE 21
212212 STUDENT WHO IS THE S UBJECT OF THE REPORT WITHIN 24 HOURS AFTER 22
213213 RECEIVING THE REPORT . 23
214214
215215 (I) A COUNTY BOARD SHALL M AKE A REASONABLE ATT EMPT TO CONCEAL 24
216216 THE IDENTITY OF ANY STUDENT WHO APPEARS IN A VIDEO RECORDING MADE UNDER 25
217217 THIS SECTION WH O IS NOT INVOLVED IN THE INCIDENT FOR WHI CH THE VIDEO 26
218218 RECORDING IS BEING V IEWED. 27
219219
220220 (J) THE DEPARTMENT , A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 28
221221 NOT USE A VIDEO RECO RDING DEVICE TO MONI TOR THE PROFESSIONAL 29
222222 PERFORMANCE OF SCHOO L EMPLOYEES. 30
223223
224224 (K) THE DEPARTMENT, A COUNTY BOARD , A SCHOOL, OR A PRINCIPAL MAY 31
225225 NOT USE A VIDEO RECO RDING: 32
226226
227227 (1) AS EVIDENCE IN A COMP LAINT AGAINST A STUD ENT THAT IS NOT 33
228228 RELATED TO A CRIMINA L COMPLAINT; OR 34
229229 6 SENATE BILL 577
230230
231231
232232 (2) IN THE OBSERVATION OR EVALUATION OF A STUD ENT FOR 1
233233 STUDENT PLACEMENT DECISIONS. 2
234234
235235 (L) NOTHING IN THIS SECTI ON PRECLUDES THE USE OF A VIDEO 3
236236 RECORDING IN ACCORDA NCE WITH A DISCIPLIN ARY ACTION OR AN INV ESTIGATION 4
237237 OF ABUSE OR NEGLECT WITHIN THE SCHOOL SY STEM. 5
238238
239239 (M) A COUNTY BOARD MAY SOL ICIT AND ACCEPT GIFT S, GRANTS, AND 6
240240 DONATIONS FROM ANY PERSON TO BE USED TOWARD TH E INSTALLATION AND 7
241241 OPERATION OF A VIDEO RECORDING DEVICE UND ER THIS SECTION. 8
242242
243243 (N) ALL VIDEO RECORDING D EVICES UNDER THIS SE CTION SHALL COMPLY 9
244244 WITH FEDERAL FIRE AN D SAFETY STANDARDS . 10
245245
246246 (O) (1) BEGINNING IN THE 2022–2023 SCHOOL YEAR THROUGH THE 11
247247 2025–2026 SCHOOL YEAR , EACH COUNTY BOARD SH ALL COLLECT DATA ON : 12
248248
249249 (I) THE NUMBER OF VIDEO R ECORDING DEVICES INS TALLED IN 13
250250 SELF–CONTAINED SPECIAL ED UCATION CLASSROOMS , AGGREGATED BY SCHOOL 14
251251 LEVEL; 15
252252
253253 (II) THE NUMBER OF COM PLAINTS RESULTING IN THE VIEWING 16
254254 OF A VIDEO RECORDING MADE UNDER THIS SECT ION, AGGREGATED BY SCHOOL 17
255255 LEVEL; 18
256256
257257 (III) THE IDENTITY OF THE P ERSON THAT MADE A RE QUEST TO 19
258258 VIEW A VIDEO RECORDI NG; 20
259259
260260 (IV) THE REASON FOR THE RE QUEST TO VIEW A VIDE O 21
261261 RECORDING; AND 22
262262
263263 (V) THE RESOLUTION OF THE COMPLAINT THAT WAS T HE 23
264264 SUBJECT OF THE VIDEO RECORDING. 24
265265
266266 (2) ON OR BEFORE JULY 1, 2023, AND ON OR BEFORE EAC H JULY 1 25
267267 THEREAFTER THROUGH A ND INCLUDING JULY 1, 2026, EACH COUNTY BOARD SH ALL 26
268268 SUBMIT A REPORT TO T HE DEPARTMENT ON THE DATA COLLECTE D UNDER 27
269269 PARAGRAPH (1) OF THIS SUBSECTION F OR THE IMMEDIATELY P RECEDING SCHOOL 28
270270 YEAR. 29
271271
272272 (3) ON RECEIPT OF THE FIN AL REPORT UNDER PARA GRAPH (2) OF 30
273273 THIS SUBSECTION , THE DEPARTMENT SHALL EVAL UATE THE USE OF VIDE O 31
274274 RECORDING DEVICES IN SELF–CONTAINED SPECIAL EDU CATION CLASSROOMS AN D 32 SENATE BILL 577 7
275275
276276
277277 DETERMINE WHETHER TO USE THE DEVICES IN O THER SPECIAL EDUCATI ON 1
278278 CLASSROOMS . 2
279279
280280 (P) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THE 3
281281 PROVISIONS OF THIS S ECTION. 4
282282
283283 8–401. 5
284284
285285 (a) (1) In this subtitle the following words have the meanings indicated. 6
286286
287287 (5) “Special education” means specially designed instruction, at no cost to 7
288288 parents, to meet the unique needs of a child with a disability, including: 8
289289
290290 (i) Instruction in the classroom, in the home, in hospitals and 9
291291 institutions, and in other settings; and 10
292292
293293 (ii) Instruction in physical education. 11
294294
295295 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
296296 1, 2022. 13
297297