Florida Senate - 2026                             CS for SB 1170
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Calatayud
       
       
       
       
       
       581-02475-26                                          20261170c1
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1003.574,
    3         F.S.; deleting references to the Video Cameras in
    4         Public School Classrooms Pilot Program; deleting an
    5         obsolete definition; authorizing certain parents to
    6         submit a written request to the school principal for
    7         installation and operation of a video camera in a
    8         self-contained classroom; requiring a district school
    9         board, within a specified timeframe, to adopt a policy
   10         establishing a process for school personnel to
   11         consider and respond to such requests; providing
   12         minimum requirements for such policy; limiting the
   13         number of requests a parent may submit per student per
   14         school year, subject to an exception; requiring that a
   15         video camera be operational within a specified
   16         timeframe after approval of a request under the
   17         policy; prohibiting a school or school district from
   18         concealing the identity of an employee in a video
   19         recording; providing that a video recording made
   20         available after a request must include accompanying
   21         audio; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 1003.574, Florida Statutes, is amended
   26  to read:
   27         1003.574 Video cameras in public school classrooms; pilot
   28  program.—Beginning with the 2021-2022 school year, the Video
   29  Cameras in Public School Classrooms Pilot Program is created for
   30  a period of 3 school years.
   31         (1) As used in this section, the term:
   32         (a) “Incident” means an event, a circumstance, an act, or
   33  an omission that results in the abuse or neglect of a student
   34  by:
   35         1. An employee of a public school or school district; or
   36         2. Another student.
   37         (b)“School district” means the Broward County Public
   38  Schools.
   39         (b)(c) “Self-contained classroom” means a classroom at a
   40  public school in which a majority of the students in regular
   41  attendance are provided special education services and are
   42  assigned to one or more such classrooms for at least 50 percent
   43  of the instructional day.
   44         (2)(a) A parent of a student who is in regular attendance
   45  in a self-contained classroom may submit a written request to
   46  the school principal or the principal’s designee for the
   47  installation and operation of a video camera in that self
   48  contained school district shall provide a video camera to any
   49  school with a self-contained classroom upon the written request
   50  of a parent of a student in the classroom.
   51         (b) The district school board shall adopt a policy
   52  establishing a process for school personnel to consider and
   53  respond to requests submitted under paragraph (a). If the
   54  district school board has not adopted a policy under this
   55  paragraph, it shall do so at the next regularly scheduled
   56  meeting, but no later than 60 days after receipt by the school
   57  district of the first request submitted under paragraph (a)
   58  Within 30 days after receipt of the request from a parent, a
   59  video camera shall be operational in each self-contained
   60  classroom in which the parent’s student is in regular attendance
   61  for the remainder of the school year, unless the parent
   62  withdraws his or her request in writing.
   63         (c) The policy required under paragraph (b) must, at a
   64  minimum, do all of the following:
   65         1. Establish a reasonable submission window for requests to
   66  be consolidated for consideration and response.
   67         2.Establish criteria for the approval or denial of a
   68  request.
   69         3.Designate the school or district personnel responsible
   70  for receiving, reviewing, and responding to requests.
   71         4. Require written notice to the parent acknowledging
   72  receipt of the request.
   73         5. Allow the parent to submit supporting information and
   74  documentation in support of the request.
   75         6.Require a written determination approving or denying the
   76  request and providing the basis for the determination.
   77         7. Establish a timeframe for issuing the written
   78  determination after the close of the submission window required
   79  under subparagraph 1.
   80         8. Provide a process for escalation or review of a denial.
   81         9. Require compliance with the notice requirements in
   82  subsection (5) before a school initially places a video camera
   83  in a self-contained classroom.
   84         (d) A parent may not submit more than one request under
   85  this subsection per student per school year, except upon a
   86  material change in circumstances as defined in the district
   87  school board policy.
   88         (e) If a request is approved under the policy, a video
   89  camera must be operational in the self-contained classroom
   90  within 30 days after the date of the written determination
   91  approving the request and must remain operational for the
   92  remainder of the school year, unless the parent withdraws the
   93  request in writing.
   94         (3) If the student who is the subject of the initial
   95  request is no longer in attendance in the classroom and a school
   96  discontinues operation of a video camera during a school year,
   97  no later than the 5th school day before the date the operation
   98  of the video camera is discontinued, the school must notify the
   99  parents of each student in regular attendance in the classroom
  100  that operation of the video camera will cease unless the
  101  continued use of the camera is requested by a parent. No later
  102  than the 10th school day before the end of each school year, the
  103  school must notify the parents of each student in regular
  104  attendance in the classroom that operation of the video camera
  105  will not continue during the following school year unless a
  106  written request is submitted by a parent for the next school
  107  year.
  108         (4)(a) A video camera placed in a self-contained classroom
  109  must be capable of all of the following:
  110         1. Monitoring all areas of the self-contained classroom,
  111  including, without limitation, any room attached to the self
  112  contained classroom which is used for other purposes.
  113         2. Recording audio from all areas of the self-contained
  114  classroom, including, without limitation, any room attached to
  115  the self-contained classroom which is used for other purposes.
  116         (b) A video camera placed in a self-contained classroom may
  117  not monitor a restroom or any other area in the self-contained
  118  classroom where a student changes his or her clothes, except for
  119  the entryway, exitway, or hallway outside a restroom or other
  120  area where a student changes his or her clothes because of the
  121  layout of the self-contained classroom.
  122         (c) A video camera placed in a self-contained classroom is
  123  not required to be in operation when students are not present in
  124  the self-contained classroom.
  125         (d) If there is an interruption in the operation of the
  126  video camera for any reason, an explanation must be submitted in
  127  writing to the school principal and the district school board
  128  which explains the reason for and duration of the interruption.
  129  The written explanation must be maintained at the district
  130  school board office for at least 1 year.
  131         (5) Before a school initially places a video camera in a
  132  self-contained classroom pursuant to this section, the school
  133  shall provide written notice of the placement of such video
  134  camera to all of the following:
  135         (a) The parent of each student who is assigned to the self
  136  contained classroom.
  137         (b) Each student who is assigned to the self-contained
  138  classroom.
  139         (c) The school district.
  140         (d) Each school employee who is assigned to work with one
  141  or more students in the self-contained classroom.
  142         (6) A school shall:
  143         (a) Retain video recorded from a video camera placed
  144  pursuant to this section for at least 3 months after the date
  145  the video was recorded, after which the recording must shall be
  146  deleted or otherwise made irretrievable unretrievable; or
  147         (b) Retain the recording until the conclusion of any
  148  investigation or any administrative or legal proceedings that
  149  result from the recording have been completed, including,
  150  without limitation, the exhaustion of all appeals.
  151         (7) A school or school district may not:
  152         (a) Allow regular, continuous, or continual monitoring of
  153  video recorded under this section; or
  154         (b) Use video recorded under this section for teacher
  155  evaluations or any purpose other than for ensuring the health,
  156  safety, and well-being of students receiving special education
  157  services in a self-contained classroom, which constitutes
  158  security or surveillance of buildings or grounds under s.
  159  1014.04(1)(i)4.; or
  160         (c)Conceal the identity of a school or school district
  161  employee who appears in a video recording.
  162         (8) The principal of the school is the custodian of a video
  163  camera operated pursuant to this section, all recordings
  164  generated by that video camera, and access to such recordings.
  165         (a) The release or viewing of any video recording under
  166  this section must comply with s. 1002.22.
  167         (b) A school or school district shall:
  168         1. Conceal the identity of any student who appears in a
  169  video recording, but is not involved in the alleged incident
  170  documented by the video recording, which the school allows to be
  171  viewed under subsection (9), including, without limitation,
  172  blurring the face of the uninvolved student.
  173         2. Protect the confidentiality of all student records
  174  contained in a video recording in accordance with s. 1002.22.
  175         (9)(a) Within 7 days after receiving a request to view a
  176  video recording, a school or school district shall allow the
  177  following individuals to view a video recording with its
  178  accompanying audio made under this section:
  179         1. A school or school district employee who is involved in
  180  an alleged incident that is documented by the video recording as
  181  part of the investigative process;
  182         2. A parent of a student who is involved in an alleged
  183  incident that is documented by the video recording and has been
  184  reported to the school or school district;
  185         3. A school or school district employee as part of an
  186  investigation into an alleged incident that is documented by the
  187  video recording and has been reported to the school or school
  188  district;
  189         4. A law enforcement officer as part of an investigation
  190  into an alleged incident that is documented by the video
  191  recording and has been reported to the law enforcement agency;
  192  or
  193         5. The Department of Children and Families as part of a
  194  child abuse or neglect investigation.
  195         (b) A person who requests to view a recording must shall
  196  make himself or herself available for viewing the recording
  197  within 30 days after being notified by the school or school
  198  district that the person’s request has been granted.
  199         (c) A person who views the recording and suspects that
  200  child abuse has occurred must report the suspected child abuse
  201  to the Department of Children and Families.
  202         (10)(a) Any individual may appeal to the State Board of
  203  Education an action by a school or school district which the
  204  individual alleges to be in violation of this section.
  205         (b) The state board shall grant a hearing on an appeal
  206  under this subsection within 45 days after receiving the appeal.
  207         (11) A school or school district does not violate
  208  subsection (8) if a contractor or other employee of the school
  209  or school district incidentally views a video recording made
  210  under this section in connection with the performance of his or
  211  her duties related to either of the following:
  212         (a) The installation, operation, or maintenance of video
  213  equipment; or
  214         (b) The retention of video recordings.
  215         (12) This section does not:
  216         (a) Limit the access of the parent of a student, under the
  217  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  218  1232g, or any other law, to a video recording regarding his or
  219  her student.
  220         (b) Waive any immunity from liability of a school district
  221  or an employee of a school district.
  222         (c) Create any liability for a cause of action against a
  223  school or school district or an employee of a school or school
  224  district carrying out the duties and responsibilities required
  225  by this section.
  226         (d) Apply to self-contained classrooms in which the only
  227  students receiving special education services are those who have
  228  been deemed gifted.
  229         (13) The department shall collect information relating to
  230  the installation and maintenance of video cameras under this
  231  section.
  232         (14) The State Board of Education may adopt rules to
  233  implement this section.
  234         Section 2. This act shall take effect July 1, 2026.