What's happening
This bill requires video cameras with audio to be installed in special education classrooms for non-communicative students, with privacy, notification, access, and retention rules.
Why it matters
Aims to increase accountability and transparency. in special education classrooms for non-communicative students by requiring video and audio recording, potentially deterring or documenting instances of abuse, neglect, or unprofessional conduct that might otherwise go undetected.
Balances safety with privacy protections. by specifying that cameras cannot record in bathrooms or changing areas, recordings are not public records, and access to footage is strictly limited to certain circumstances (e.g., investigations, legal proceedings) and designated individuals.
Mandates notification and training. , ensuring that parents, guardians, school employees, and anyone else likely to be recorded are informed, and that staff working in these classrooms receive training on their rights and responsibilities related to the cameras.
Avoids creating new legal liabilities. for schools or their employees, clarifying that the presence of cameras does not create grounds for lawsuits or reduce existing immunities, while also allowing schools to seek external funding to cover the costs of camera installation.
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Cameras in Special Ed Classrooms
Plain English, a few words. Used as the page title.
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History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Cameras in Special Ed Classrooms
In Senate Committee · Education · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2793
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring video camera recording in special education classrooms where pupils are unable to communicate effectively
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 4407-a to read as follows:
§ 4407-a. Video camera recording of special education services and programs. 1. Each school district and the governing body of each charter school, as applicable, shall provide equipment, including, without limitation, one or more video cameras with the capability of recording sound, to each public school or charter school which has a classroom in which a majority of the pupils who regularly are present in the classroom:
(a) receive special education services or programs pursuant to the provisions of this article;
(b) have a disability, including but not limited to autism or autism spectrum disorder which render the pupils unable to communicate effectively; and
(c) are assigned to the classroom to receive special education services or programs pursuant to the provisions of this article, for at least fifty percent of the instructional day.
2. A video camera installed pursuant to subdivision one of this section must record: (a) the classroom only during a regular school day; and (b) all areas of the classroom, except that the video camera must not record the interior of a bathroom or any other area in which a pupil may change or remove his or her clothing.
3. The principal of a public school or charter school shall provide written notice that a video camera has been or will be installed pursu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06267-01-9
A. 2793 2
ant to this section to each parent or legal guardian of a pupil who receives such special education at the school and to any other person likely to be recorded by the video camera, including, without limitation, an employee of the school who will be in the classroom.
4. Before assigning any employee who provides services to pupils at a public school or charter school to provide such services in a classroom in which a video camera has been installed pursuant to subdivision one of this section, the principal of the school shall ensure that the employee has received appropriate training concerning the use of the video camera, the rights and responsibilities of the employee regarding the video camera and the other provisions of this section.
5. A public school or charter school shall not allow the regular monitoring of a recording made by a video camera pursuant to this section by any person and shall retain any recording that is made for not more than sixty days or until the disposition of a complaint, whichever is longer, unless required to do so for a longer period by a court order, subpoena or pursuant to any other provision of law.
6. The board of education of a school district and the governing body of a charter school may solicit or accept gifts, grants or donations from any person to support the installation of video cameras in public schools or charter schools pursuant to this section.
7. A recording made pursuant to this section is confidential and is not a public record for purposes of the freedom of information law. Except as otherwise provided in subdivision eight of this section, a recording may not be viewed, released or used by any person unless the board of education of the school district or the governing body of the charter school that made the recording obtains the written consent of each person who appears in the recording, including, without limitation, the parent or legal guardian of a pupil who appears in the recording.
8. A public school or charter school shall release a recording made pursuant to this section to: (a) the parent or legal guardian of a pupil or an employee of the school, as applicable, who appears in a recording relating to a complaint filed with the department; (b) an employee designated with the department to investigate a complaint relating to the recording; (c) an agency which provides child welfare as part of an investigation of a report concerning the abuse or neglect of a child; (d) a peace officer as part of a criminal investigation; and (e) a parent or legal guardian of a pupil who appears in the recording, for use in a legal proceeding.
9. This section does not: (a) create a cause of action; or (b) waive any immunity from liability or limitation on liability of a school district or a charter school, or an officer or employee of a school district or charter school that is otherwise provided by law.
10. The department may adopt such regulations as it deems necessary to carry out the provisions of this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.