Florida Senate - 2024 SB 1472 By Senator Grall 29-01458-24 20241472__ 1 A bill to be entitled 2 An act relating to video cameras in public school 3 classrooms; creating s. 1003.5741, F.S.; providing 4 definitions; requiring that a video camera be placed 5 in certain public school classrooms, including certain 6 charter school classrooms; providing requirements for 7 such video cameras; requiring a written explanation if 8 the operation of such cameras is interrupted; 9 requiring that such explanation be maintained for a 10 specified time period; requiring a school or charter 11 school to provide certain persons with written notice 12 of the placement of a video camera; providing 13 requirements for retaining and deleting video 14 recordings; providing prohibitions for the use of such 15 video cameras and recordings; providing that a school 16 or charter school principal is the custodian of such 17 video cameras and recordings; providing requirements 18 for such principals and video recordings; providing 19 requirements relating to student privacy; providing 20 requirements for the viewing of such video recordings; 21 providing an appeal process for actions of a school, 22 school district, or charter school; providing that 23 incidental viewings of video recordings by specified 24 persons are not a violation of certain provisions; 25 providing construction; requiring the Department of 26 Education to collect specified information; 27 authorizing the State Board of Education to adopt 28 rules; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 1003.5741, Florida Statutes, is created 33 to read: 34 1003.5741 Video cameras in certain public school 35 classrooms.— 36 (1) As used in this section, the term: 37 (a) “Incident” means an event, a circumstance, an act, or 38 an omission that results in the abuse or neglect of a student 39 by: 40 1. An employee of a public school, school district, or 41 charter school; or 42 2. Another student. 43 (b) “Self-contained classroom” means a classroom at a 44 public school or a charter school in which at least one student 45 in regular attendance is nonverbal and is provided special 46 education services and is assigned to one or more such 47 classrooms for at least 50 percent of the instructional day. 48 (2) A school district must provide a video camera to each 49 school with a self-contained classroom. A charter school must 50 provide a video camera to each self-contained classroom. 51 (3)(a) A video camera placed in a self-contained classroom 52 must be capable of all of the following: 53 1. Monitoring all areas of the self-contained classroom, 54 including, without limitation, any room attached to the self 55 contained classroom which is used for other purposes. 56 2. Recording audio from all areas of the self-contained 57 classroom, including, without limitation, any room attached to 58 the self-contained classroom which is used for other purposes. 59 (b) A video camera placed in a self-contained classroom may 60 not monitor a restroom or any other area in the self-contained 61 classroom in which a student changes his or her clothes, except 62 for the entryway, exitway, or hallway outside a restroom or 63 other area in which a student changes his or her clothes because 64 of the layout of the self-contained classroom. 65 (c) A video camera placed in a self-contained classroom is 66 not required to be in operation when students are not present in 67 the self-contained classroom. 68 (d) If there is an interruption in the operation of the 69 video camera for any reason, an explanation must be submitted in 70 writing to the school or charter school principal and, if 71 applicable, the district school board which explains the reason 72 for and duration of the interruption. The written explanation 73 must be maintained at the charter school or district school 74 board office for at least 1 year. 75 (4) Before a school or charter school initially places a 76 video camera in a self-contained classroom pursuant to this 77 section, the school or charter school shall provide written 78 notice of the placement of such video camera to all of the 79 following: 80 (a) The parent of each student who is assigned to the self 81 contained classroom. 82 (b) Each student who is assigned to the self-contained 83 classroom. 84 (c) The school district, if applicable. 85 (d) Each school or charter school employee who is assigned 86 to work with one or more students in the self-contained 87 classroom. 88 (5) A school or charter school shall: 89 (a) Retain video recorded from a video camera placed 90 pursuant to this section for at least 3 months after the date 91 the video was recorded, after which the recording shall be 92 deleted or otherwise made irretrievable; or 93 (b) Retain the recording until the conclusion of any 94 investigation or any administrative or legal proceedings that 95 result from the recording have been completed, including, 96 without limitation, the exhaustion of all appeals. 97 (6) A school, school district, or charter school may not: 98 (a) Allow regular, continuous, or continual monitoring of 99 video recorded under this section; or 100 (b) Use video recorded under this section for teacher 101 evaluations or any purpose other than for ensuring the health, 102 safety, and well-being of students receiving special education 103 services in a self-contained classroom. 104 (7) The school or charter school principal is the custodian 105 of a video camera operated pursuant to this section, all 106 recordings generated by that video camera, and access to such 107 recordings. 108 (a) The release or viewing of any video recording under 109 this section must comply with s. 1002.22. 110 (b) A school, school district, or charter school shall: 111 1. Conceal the identity of each student who appears in a 112 video recording but is not involved in the alleged incident 113 documented by the video recording, which the school allows to be 114 viewed under subsection (8), including, without limitation, 115 blurring the face of the uninvolved student. 116 2. Protect the confidentiality of all student records 117 contained in a video recording in accordance with s. 1002.22. 118 (8)(a) Within 7 days after receiving a request to view a 119 video recording, a school, school district, or charter school 120 shall allow the following persons to view a video recording made 121 under this section: 122 1. A school, school district, or charter school employee 123 who is involved in an alleged incident that is documented by the 124 video recording as part of the investigative process; 125 2. A parent of a student who is involved in an alleged 126 incident that is documented by the video recording and has been 127 reported to the school, school district, or charter school; 128 3. A school, school district, or charter school employee as 129 part of an investigation into an alleged incident that is 130 documented by the video recording and has been reported to the 131 school, school district, or charter school; 132 4. A law enforcement officer as part of an investigation 133 into an alleged incident that is documented by the video 134 recording and has been reported to the law enforcement agency; 135 or 136 5. The Department of Children and Families as part of a 137 child abuse or neglect investigation. 138 (b) A person who requests to view a recording shall make 139 himself or herself available for viewing the recording within 30 140 days after being notified by the school, school district, or 141 charter school that the person’s request has been granted. 142 (c) A person who views the recording and suspects that 143 child abuse has occurred must report the suspected child abuse 144 to the Department of Children and Families. 145 (9)(a) A person may appeal to the State Board of Education 146 an action by a school, school district, or charter school which 147 the person alleges to be in violation of this section. 148 (b) The state board shall grant a hearing on an appeal 149 under this subsection within 45 days after receiving the appeal. 150 (10) A school, school district, or charter school does not 151 violate subsection (7) if a contractor or other employee of the 152 school, school district, or charter school incidentally views a 153 video recording made under this section in connection with the 154 performance of his or her duties related to the following: 155 (a) The installation, operation, or maintenance of video 156 equipment; or 157 (b) The retention of video recordings. 158 (11) This section does not: 159 (a) Limit the access of the parent of a student, under the 160 Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 161 1232g, or any other law, to a video recording regarding his or 162 her student. 163 (b) Waive any immunity from liability of a school district 164 or charter school or an employee of a school district or charter 165 school. 166 (c) Create any liability for a cause of action against a 167 school, school district, or charter school or an employee of a 168 school, school district, or charter school carrying out the 169 duties and responsibilities required by this section. 170 (d) Apply to self-contained classrooms in which the only 171 students receiving special education services are those who have 172 been deemed gifted. 173 (12) The department shall collect information relating to 174 the installation and maintenance of video cameras under this 175 section. 176 (13) The State Board of Education may adopt rules to 177 implement this section. 178 Section 2. This act shall take effect July 1, 2024.