FILE:  IDDFC

Cf:  EBCB, IDDF

 

CAMERAS IN SPECIAL EDUCATION CLASSROOMS

 

 

The Monroe City School Board shall develop procedures pursuant to this policy, and upon approval of such request, and receipt of funding, shall install and operate the cameras, for the installation and operation of cameras that record both video and audio in special education classrooms, in accordance with state law, and the policy and procedures of the School Board, provided adequate funding from the State is/remains available to cover the cost and the rights of students under state and federal law remain protected

 

For purposes of this policy, classroom shall mean a self-contained classroom or other special education setting in which a majority of students in regular attendance are provided special education and related services and are assigned to one or more self-contained classrooms or other special education settings for at least fifty percent (50%) of the instructional day and for which a parent or legal guardian has requested a camera to be installed.  Classroom shall not mean special education classrooms and other special education settings where the only students with exceptionalities receiving special education and related services are those who have been deemed to be gifted or talented and have not been identified as also having a disability.

 

The School Board shall ensure/provide:

 

  1. Proper location and placement of cameras.  The recording of the interior of a restroom or any area designated for students to change or remove clothing shall be prohibited.  Recording pursuant to this policy is prohibited if it will result in the unauthorized recording of any other student, which shall be prohibited.

  2. Written notice of the placement of the cameras shall be provided to persons who enter a classroom where a camera is installed, including teachers and other school employees, students in the classroom, the students' parents and legal guardians, and authorized visitors.  Before cameras are operated or students are recorded in a classroom, it shall first be confirmed that advanced written notice of the placement of cameras and of the intended recording is actually received by parents or legal guardians of all students who will be present in such classroom.

  3. Training concerning the provisions of this policy for any teacher or other school employee who provides services in a classroom where cameras are installed.

  4. Procedures for proper retention, storage, and disposal of the video and audio data recorded.  Recordings shall be retained for at least one month from the recording date.

  5. Protection of student privacy and development of procedures for determining to whom and under what circumstances the recordings may be disclosed including:

 

  1. Limiting viewing of the recordings to the Superintendent or his/her designee and the parent or legal guardian of a recorded student upon request (provided the privacy of no other student or person is breached).

  2. Requiring any person who views a recording and who suspects the recordings show a violation of state or federal law to report the suspected violation to the appropriate law enforcement agency.

 

  1. Each camera installed shall be in compliance with the National Fire Protection Association's Life Safety Code.

  2. Procedures for the approval or disapproval of a request for the installation and operation of cameras in a classroom.

  3. Procedures regarding how a parent or legal guardian may request to review a recording, under what circumstances a request may be made, and any limitations to a request.

  4. Procedures regarding how a parent or legal guardian may request the installation and operation of cameras in his child's classroom.

  5. Requests to install recording equipment and to record a student may be denied if such interferes with student instruction, conflicts with, or violates another state law or any federal law.

    Installation and operation of cameras are forbidden in locations where the privacy rights of other students afforded under federal law and state law cannot be protected.

 

  1. All requests to record a student in the classroom shall be in writing and state specific reasons justifying the request.  Each request shall explain how recorded information will be used.  Each request must specify the type, place, date(s), and duration of the requested recording.  The requesting parent or legal guardian shall acknowledge in writing that:

 

  1. Subject to state law, the Monroe City School District has the sole discretion to determine whether, when, and the extent to which a student will be recorded, and whether a parent or guardian may view or hear a recording.

  2. Should the Monroe City School District (Board) be made the subject of legal action to compel its release or divulgement of recorded information, it is agreed by the requesting parent or guardian that the School District shall ipso facto suffer irreparable harm or to the imminent risk thereof and, therefore, shall be entitled to injunctive and other legal relief to prohibit divulgement and disclosure.

  3. A requesting parent or legal guardian shall agree to hold the Monroe City School District harmless, defend the School District against any claims seeking to force or compel it to permit viewing or compel it to produce or divulge recordings, and indemnify the School District for all costs, including attorney fees, incurred by or on behalf of the School District’s in its defense against claims seeking to compel it to permit viewing, or compel its production or divulgement of recordings.

  4. A requesting parent or legal guardian shall agree to hold the Monroe City School District harmless and defend the School District against any legal claims made by an aggrieved party alleging unauthorized viewing or unauthorized divulgement or release of recordings made pursuant to this policy, except when willful or intentional.

  5. A requesting parent or legal guardian shall agree that the Monroe City School District has no duty or obligation beyond that specified in state law to retain recordings or records of requests made therefor.

 

Recordings made pursuant to this policy shall be confidential and shall not be public record.  However, a recording may be viewed by the Superintendent or their designee, the parent or legal guardian of a recorded student, or by law enforcement officials as provided herein.

 

The recordings shall not be considered "personally identifiable information" as defined in La. Rev. Stat. Ann. §17:3914.

 

New policy:  December 6, 2022

 

 

Ref:    20 USC 1232g (Family Educational Rights and Privacy Act)

34 CFR Part 99 (Family Educational Rights and Privacy)

La. Constitution, Art. I, Sec. 5

La. Rev. Stat. Ann. §17:1948

Board minutes, 12-6-22

 

Monroe City School Board