Florida Senate - 2025                                    SB 1006
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01062-25                                           20251006__
    1                        A bill to be entitled                      
    2         An act relating to video cameras in public school
    3         classrooms; amending s. 1003.574, F.S.; deleting
    4         references to the Video Cameras in Public School
    5         Classrooms Pilot Program; deleting an obsolete
    6         definition; requiring a district school board to vote
    7         to establish a policy to provide video cameras in
    8         self-contained classrooms upon the request of a
    9         parent; prohibiting a school or school district from
   10         concealing the identity of an employee in a video
   11         recording; providing that a video recording made
   12         available after a request must include accompanying
   13         audio; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 1003.574, Florida Statutes, is amended
   18  to read:
   19         1003.574 Video cameras in public school classrooms; pilot
   20  program.—Beginning with the 2021-2022 school year, the Video
   21  Cameras in Public School Classrooms Pilot Program is created for
   22  a period of 3 school years.
   23         (1) As used in this section, the term:
   24         (a) “Incident” means an event, a circumstance, an act, or
   25  an omission that results in the abuse or neglect of a student
   26  by:
   27         1. An employee of a public school or school district; or
   28         2. Another student.
   29         (b)“School district” means the Broward County Public
   30  Schools.
   31         (b)(c) “Self-contained classroom” means a classroom at a
   32  public school in which a majority of the students in regular
   33  attendance are provided special education services and are
   34  assigned to one or more such classrooms for at least 50 percent
   35  of the instructional day.
   36         (2)(a)Each district school board shall vote to establish a
   37  policy to provide video cameras in self-contained classrooms
   38  upon the request of a parent under paragraph (b).
   39         (b)(a) A school district shall provide a video camera to
   40  any school with a self-contained classroom upon the written
   41  request of a parent of a student in the classroom.
   42         (c)(b) Within 30 days after receipt of the request from a
   43  parent, a video camera must shall be operational in each self
   44  contained classroom in which the parent’s student is in regular
   45  attendance for the remainder of the school year, unless the
   46  parent withdraws his or her request in writing.
   47         (3) If the student who is the subject of the initial
   48  request is no longer in attendance in the classroom and a school
   49  discontinues operation of a video camera during a school year,
   50  no later than the 5th school day before the date the operation
   51  of the video camera is discontinued, the school must notify the
   52  parents of each student in regular attendance in the classroom
   53  that operation of the video camera will cease unless the
   54  continued use of the camera is requested by a parent. No later
   55  than the 10th school day before the end of each school year, the
   56  school must notify the parents of each student in regular
   57  attendance in the classroom that operation of the video camera
   58  will not continue during the following school year unless a
   59  written request is submitted by a parent for the next school
   60  year.
   61         (4)(a) A video camera placed in a self-contained classroom
   62  must be capable of all of the following:
   63         1. Monitoring all areas of the self-contained classroom,
   64  including, without limitation, any room attached to the self
   65  contained classroom which is used for other purposes.
   66         2. Recording audio from all areas of the self-contained
   67  classroom, including, without limitation, any room attached to
   68  the self-contained classroom which is used for other purposes.
   69         (b) A video camera placed in a self-contained classroom may
   70  not monitor a restroom or any other area in the self-contained
   71  classroom where a student changes his or her clothes, except for
   72  the entryway, exitway, or hallway outside a restroom or other
   73  area where a student changes his or her clothes because of the
   74  layout of the self-contained classroom.
   75         (c) A video camera placed in a self-contained classroom is
   76  not required to be in operation when students are not present in
   77  the self-contained classroom.
   78         (d) If there is an interruption in the operation of the
   79  video camera for any reason, an explanation must be submitted in
   80  writing to the school principal and the district school board
   81  which explains the reason for and duration of the interruption.
   82  The written explanation must be maintained at the district
   83  school board office for at least 1 year.
   84         (5) Before a school initially places a video camera in a
   85  self-contained classroom pursuant to this section, the school
   86  shall provide written notice of the placement of such video
   87  camera to all of the following:
   88         (a) The parent of each student who is assigned to the self
   89  contained classroom.
   90         (b) Each student who is assigned to the self-contained
   91  classroom.
   92         (c) The school district.
   93         (d) Each school employee who is assigned to work with one
   94  or more students in the self-contained classroom.
   95         (6) A school shall:
   96         (a) Retain video recorded from a video camera placed
   97  pursuant to this section for at least 3 months after the date
   98  the video was recorded, after which the recording must shall be
   99  deleted or otherwise made irretrievable unretrievable; or
  100         (b) Retain the recording until the conclusion of any
  101  investigation or any administrative or legal proceedings that
  102  result from the recording have been completed, including,
  103  without limitation, the exhaustion of all appeals.
  104         (7) A school or school district may not:
  105         (a) Allow regular, continuous, or continual monitoring of
  106  video recorded under this section; or
  107         (b) Use video recorded under this section for teacher
  108  evaluations or any purpose other than for ensuring the health,
  109  safety, and well-being of students receiving special education
  110  services in a self-contained classroom.
  111         (c) Conceal the identity of a school or school district
  112  employee who appears in a video recording.
  113         (8) The principal of the school is the custodian of a video
  114  camera operated pursuant to this section, all recordings
  115  generated by that video camera, and access to such recordings.
  116         (a) The release or viewing of any video recording under
  117  this section must comply with s. 1002.22.
  118         (b) A school or school district shall:
  119         1. Conceal the identity of any student who appears in a
  120  video recording, but is not involved in the alleged incident
  121  documented by the video recording, which the school allows to be
  122  viewed under subsection (9), including, without limitation,
  123  blurring the face of the uninvolved student.
  124         2. Protect the confidentiality of all student records
  125  contained in a video recording in accordance with s. 1002.22.
  126         (9)(a) Within 7 days after receiving a request to view a
  127  video recording, a school or school district shall allow the
  128  following individuals to view a video recording and accompanying
  129  audio made under this section:
  130         1. A school or school district employee who is involved in
  131  an alleged incident that is documented by the video recording as
  132  part of the investigative process;
  133         2. A parent of a student who is involved in an alleged
  134  incident that is documented by the video recording and has been
  135  reported to the school or school district;
  136         3. A school or school district employee as part of an
  137  investigation into an alleged incident that is documented by the
  138  video recording and has been reported to the school or school
  139  district;
  140         4. A law enforcement officer as part of an investigation
  141  into an alleged incident that is documented by the video
  142  recording and has been reported to the law enforcement agency;
  143  or
  144         5. The Department of Children and Families as part of a
  145  child abuse or neglect investigation.
  146         (b) A person who requests to view a recording must shall
  147  make himself or herself available for viewing the recording
  148  within 30 days after being notified by the school or school
  149  district that the person’s request has been granted.
  150         (c) A person who views the recording and suspects that
  151  child abuse has occurred must report the suspected child abuse
  152  to the Department of Children and Families.
  153         (10)(a) Any individual may appeal to the State Board of
  154  Education an action by a school or school district which the
  155  individual alleges to be in violation of this section.
  156         (b) The state board shall grant a hearing on an appeal
  157  under this subsection within 45 days after receiving the appeal.
  158         (11) A school or school district does not violate
  159  subsection (8) if a contractor or other employee of the school
  160  or school district incidentally views a video recording made
  161  under this section in connection with the performance of his or
  162  her duties related to either of the following:
  163         (a) The installation, operation, or maintenance of video
  164  equipment; or
  165         (b) The retention of video recordings.
  166         (12) This section does not:
  167         (a) Limit the access of the parent of a student, under the
  168  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  169  1232g, or any other law, to a video recording regarding his or
  170  her student.
  171         (b) Waive any immunity from liability of a school district
  172  or an employee of a school district.
  173         (c) Create any liability for a cause of action against a
  174  school or school district or an employee of a school or school
  175  district carrying out the duties and responsibilities required
  176  by this section.
  177         (d) Apply to self-contained classrooms in which the only
  178  students receiving special education services are those who have
  179  been deemed gifted.
  180         (13) The department shall collect information relating to
  181  the installation and maintenance of video cameras under this
  182  section.
  183         (14) The State Board of Education may adopt rules to
  184  implement this section.
  185         Section 2. This act shall take effect July 1, 2025.