S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2793
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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 ASSEM-
 BLY, 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 LIMI-
 TATION,  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 CLASS-
 ROOM:
   (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  EFFEC-
 TIVELY; 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 LIMITA-
 TION, 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 MONI-
 TORING 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.