FILE: IDDFC
Cf: IDDF
CAMERAS IN SPECIAL EDUCATION CLASSROOMS/SETTINGS
The East Baton Rouge Parish School Board (Board or District), in accordance with La. Rev. Stat. Ann. §17:1948 requiring school districts to place, operate, and maintain video cameras with audio recording capability in certain Self-Contained Classrooms and Other Special Education Settings for students with disabilities, upon the request of a parent or legal guardian, for purpose of promoting student safety. The statue is intended to protect students who, because of a disability, may not be able to report mistreatment by district employees or other students. This policy has been specifically created for purposes of safety and compliance with Louisiana law.
APPLICABILITY
This policy is applicable to self-contained
classrooms or other special education settings in which the majority
of students in regular attendance are provided special education and
related services and 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
(Eligible Requestor) of a student in that classroom has requested
in writing a camera to be installed. This policy is not applicable
to Special Education Classrooms and Other Special Education Settings
where the only students with exceptionalities receiving special education
and related services are those identified as gifted or talented under
Louisiana Department of Education (LDE) Bulletin 1508 who have not
been identified as also having a disability under Bulletin 1508 and
served in special instructional settings for 50% of the day as described
hereinabove.
PURPOSE
In accordance with La. Rev. Stat.
Ann. §§17:1948, 17:3996(B)(59), and 44.4.1(B)(9) as amended,
the School Board adopts and implements this policy applicable to the
installation and operation of audio/video recording cameras in certain
special education classrooms, upon the written request of a parent
or legal guardian; exceptions relative to public records; matters
relative to funding and implementation; and other related matters.
Audio/Video recording may be made available in certain Self-contained
Classrooms and Other Special Education Settings for the purposes of
promoting student safety in compliance with Louisiana law.
GENERAL
The Superintendent shall establish
administrative procedures to implement this policy as required by
law. The Superintendent shall designate an administrator (Designated
District Representative) with responsibility for coordinating implementation
of La. Rev. Stat. Ann. §17:1948
in accordance with School Board policy and procedures. Parental/legal
guardian requests for audio/video cameras may be made at any time
and shall be made in writing as set forth in the School Board’s administrative
procedures. A request for audio/video cameras remains valid for a
period of one school year. A parent/legal guardian may only
request installation of an audio/video camera for the self-contained
classroom(s) or other special education setting(s) in which the parent’s/legal
guardian’s child is in regular attendance.
The School Board shall respond to
an audio/video camera request subject to this policy, authorizing
the request or stating the reason for denial, in accordance with the
School Board’s administrative procedures. Advance written notice
of audio/video recording will be provided, as applicable, to affected
parents/legal guardians and staff. Such notice of audio/video recording
shall be posted at affected schools. The School Board expects
staff to be vigilant in their observation and protection of all students.
If a staff member suspects that an audio/video recording shows
a violation of federal or state law, the mandatory reporter must report
the suspected violation to the Louisiana Department of Children and
Family Services (DCFS) and/or the appropriate law enforcement agency
in accordance with State law.
Audio/video recordings captured
by the School Board will only be released for viewing to certain individuals
as defined by Louisiana statute and the School Board’s administrative
procedures. Viewings of audio/video recordings shall be limited
to the Superintendent or his designee(s) (designated district representative(s)),
the parent or legal guardian of a recorded student, or law enforcement
officials, as part of an investigation regarding suspected violations
of State or federal laws. School District personnel or contractors
whose job duties involve installation, operation, or maintenance of
the audio/video equipment or the retention of the recordings shall
have access to the equipment and recordings only to the extent necessary
to fulfill their assigned responsibilities. Continual monitoring
of an audio/video feed is prohibited. Standing or on-going requests
for viewing recordings are not authorized.
Audio/video recordings are confidential
but are not considered personally identifiable information as defined
in La. Rev. Stat. Ann. §17:3914.
Audio/video recordings shall not be subject to public records
requests. Specific exceptions, exemptions, and limitations to
laws pertaining to public records are incorporated by reference into
La. Rev. Stat. Ann. §17:1948.
Audio/video recordings shall be stored in a safe and secure
manner whether on on-site or off-site servers or in cloud storage.
In accordance with State law, the
School Board will ensure retention of captured audio/video recordings
for at least thirty (30) days
after the recording date. The Superintendent and his designee(s)
are authorized to dispose of recordings after a thirty
(30) days period unless there is an outstanding request for viewing
of the recording. No one has a right to obtain a copy of an audio/video
recording except that a copy will be released at the request of the
student’s parent or guardian in a legal proceeding.
The School Board is authorized to
accept, administer, and make use of federal, state, and local funds,
and when appropriate, any public and private grants and donations
for use in connection with the installation and operation of audio/video
cameras. The use of Individuals with Disabilities Education
Act (IDEA) funds and State special education funds to implement the
requirements of this policy is prohibited. Any installed cameras
must be in compliance with the National Fire Protection Association’s
Life Safety Code. Complaints related to audio/video recording,
requests for audio/video recording, or use of audio/video recording
shall be filed through the School Board’s local grievance procedures.
New policy: October 20, 2022
Ref: La. Rev. Stat. Ann. §17:1948
Board minutes, 10-20-22
East Baton Rouge Parish School Board