Current through Register Vol. 50, No. 9, September 20, 2024
A. Each LEA shall
adopt policies relative to the installation and operation of cameras that
record both video and audio in a classroom.
1.
The policies shall be adopted not later than December 31, 2022, or within sixty
days of the receipt of funding for the installation of cameras, whichever
occurs first.
2. Not later than
January 15, 2023, each governing authority shall submit a copy of the policies
adopted pursuant to this Section to the state Department of
Education.
3. Within 10 days of any
revisions of the policies, each governing authority shall submit a copy of the
policies to the department.
B. For the purposes of this section,
"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 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.
C. The policies developed pursuant to this
section shall include provisions for the following:
1. the location and placement of cameras,
including a prohibition against recording of the interior of a restroom or any
area designated for students to change or remove clothing;
2. written notice of the placement of the
cameras to 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;
3. training concerning
the provisions of this Section for any teacher or other school employee who
provides services in a classroom where cameras are installed;
4. the retention, storage, and disposal of
the video and audio data recorded, including a requirement that the recordings
be retained for at least one month from the recording date;
5. protecting student privacy and for
determining to whom and under what circumstances the recordings may be
disclosed including:
a. limiting the viewing
of the recordings to the superintendent or his designee and the parent or legal
guardian of a recorded student upon request, and
b. requiring any person who views a recording
and suspects the recordings show a violation of state or federal law to report
the suspected violation to the appropriate law enforcement agency;
6. requiring each camera installed
to be incompliance with the National Fire Protection Association's Life Safety
Code;
7. procedures for the
approval or disapproval of a request for the installation and operation of
cameras in a classroom;
8.
procedures regarding how a parent or legal guardian may request the
installation and operation of cameras in his child's classroom; and
9. 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.
D. Recordings made pursuant to this Section
shall be confidential and shall not be public record. However, a recording may
be viewed by the superintendent or his designee, the parent or legal guardian
of a recorded student, or by law enforcement officials as provided in the
policies required by this Section. The recordings shall not be considered
"personally identifiable information" as defined in
R.S.
17:3914.
E. The governing authority of each public
elementary and secondary school is authorized to accept, administer, and make
use of federal, state, and local funds, any public and private grants and
donations, and, when considered appropriate and feasible, to accept nonmonetary
resources in the form of services or equipment for use in connection with the
installation and operation of cameras pursuant to this Section.
1. The Department shall assist public school
governing authorities in identifying state and federal funds that may be used
for the installation and operation of cameras pursuant to this
Section.
2. Upon receipt of such
funds, grants, donations, or nonmonetary resources, the governing authority
shall install and operate the cameras according to the policies adopted
pursuant to this section.
3. Funds
granted by Act 199 of the 2022 Legislative Session shall be solely used for
costs associated with the installation of cameras pursuant to this
section.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:1948.
