1 | 1 | | |
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2 | 2 | | <BillNo> <Sponsor> |
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3 | 3 | | |
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4 | 4 | | SENATE BILL 972 |
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5 | 5 | | By Southerland |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | SB0972 |
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9 | 9 | | 002687 |
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10 | 10 | | - 1 - |
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11 | 11 | | |
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12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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13 | 13 | | relative to special education. |
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14 | 14 | | |
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15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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16 | 16 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 10, Part 1, is amended by |
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17 | 17 | | adding the following as a new section: |
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18 | 18 | | (a) |
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19 | 19 | | (1) An LEA or public charter school shall, at the request of the parent of a |
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20 | 20 | | student enrolled in the LEA or public charter school, install and maintain a video |
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21 | 21 | | camera surveillance system in each special education classroom operated by the |
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22 | 22 | | LEA or public charter school to promote student safety. |
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23 | 23 | | (2) Subject to subsection (b), an LEA or public charter school shall use |
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24 | 24 | | the video camera surveillance system installed in a special education classroom |
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25 | 25 | | to continuously monitor students, teachers, and staff in the special education |
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26 | 26 | | classroom while special education or related services are being provided to |
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27 | 27 | | students in the special education classroom. |
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28 | 28 | | (b) An LEA or public charter school shall not use a video camera surveillance |
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29 | 29 | | system to continuously monitor students, teachers, and staff in a special education |
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30 | 30 | | classroom unless the parent of each student assigned to receive special education or |
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31 | 31 | | related services in the special education classroom, and who may be monitored using |
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32 | 32 | | the system, consents, in writing, to the parent's student being continuously monitored |
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33 | 33 | | using the system while the parent's student is receiving special education or related |
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34 | 34 | | services in the special education classroom. |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 002687 |
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38 | 38 | | |
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39 | 39 | | (c) Photographs or video footage collected from a video camera surveillance |
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40 | 40 | | system installed in a special education classroom by an LEA or public charter school |
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41 | 41 | | pursuant to this section must only be viewed by the parent of a student who is featured |
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42 | 42 | | in the photograph or recording and only to the extent that such viewing complies with the |
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43 | 43 | | requirements of § 10-7-504, the federal Family Educational Rights and Privacy Act (20 |
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44 | 44 | | U.S.C. § 1232g), or any other relevant or applicable state or federal privacy law. |
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45 | 45 | | (d) Each local board of education and public charter school governing body shall |
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46 | 46 | | adopt a policy to effectuate this section. The policy must establish the duration for which |
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47 | 47 | | an LEA or public charter school must maintain photographs or video footage collected |
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48 | 48 | | from a video camera surveillance system installed in a special education classroom. |
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49 | 49 | | (e) As used in this section: |
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50 | 50 | | (1) "Parent" means the parent, guardian, person who has custody of the |
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51 | 51 | | child, or individual who has caregiving authority under § 49-6-3001; |
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52 | 52 | | (2) "Special education classroom" means a self-contained classroom or |
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53 | 53 | | special education setting in which a majority of the students in regular attendance |
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54 | 54 | | are provided special education and related services for at least fifty percent |
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55 | 55 | | (50%) of the instructional day; and |
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56 | 56 | | (3) "Student" means a student in any of the grades pre-kindergarten |
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57 | 57 | | through twelve (pre-K-12) who receives special education and related services. |
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58 | 58 | | SECTION 2. For purposes of developing and adopting policies, this act takes effect |
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59 | 59 | | upon becoming a law, the public welfare requiring it. For all other purposes, this act takes effect |
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60 | 60 | | July 1, 2025, the public welfare requiring it, and applies to the 2025-2026 school year and each |
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61 | 61 | | school year thereafter. |
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