NY State Senate Bill 2021-S8858

Senate Bill S8858

2021-2022 Legislative Session

Provides for the viewing of footage captured by an interior school bus camera in certain circumstances

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2022	referred to education

2021-S8858 (ACTIVE) - Details

See Assembly Version of this Bill:: A8366
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3638, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S2044, A3169

2021-S8858 (ACTIVE) - Summary

Provides for the viewing of photo or video footage captured by a camera installed inside a school bus, by a parent or guardian of a pupil, when such parent, guardian or pupil reports any incident of physical harm, harassment, intimidation or bullying occurring against the pupil while such pupil travelled on such school bus.

2021-S8858 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8858

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the education law, in relation to providing for the
viewing of footage captured by an interior school bus camera in certain
circumstances

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will provide parents and guardians with a reasonable path
towards accessing available video & photographic documentation that
pertains to any incident occurring on a school bus that results in the
potential impairment of their child's well-being.

 
SUMMARY OF PROVISIONS:

School boards throughout New York State will establish policies to allow
for viewing of photo or video footage captured by camera installed
inside a school bus, by a parent or guardian of a pupil when an instance
of physical harm, harassment, intimidation, or bullying has occurred.

 
JUSTIFICATION:

The safety and well-being of our children is among the first and fore-
most responsibilities our school districts are tasked with.  Fulfilling
this duty in the most literal sense often begins and ends with a child's
experience on the bus ride to and from school.

Student safety best practices first begins with creating an environment
that is conducive to establishing routinely positive and constructive
experiences. The second is in the remedy through which incidents of
undesirable experiences are resolved.

Video monitoring systems help provide a record of overall rider behav-
iors and provide vital context when investigating inappropriate behav-
iors. Ensuring availability of this record in the fullest extent not
just for school administration but parents as well, is essential in
providing the necessary tools to resolve individual cases as well as
potential problems that require long term fundamental issues as well.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This bill shall take place immediately.

2021-S8858 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8858
 
                             I N  S E N A T E
 
                              April 25, 2022
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  providing  for  the
   viewing  of  footage  captured  by  an  interior  school bus camera in
   certain circumstances
 
   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 3638
 to read as follows:
   § 3638. ACCESS TO SCHOOL BUS CAMERA FOOTAGE. 1. EACH BOARD  OF  EDUCA-
 TION  OR BOARD OF TRUSTEES SHALL ADOPT POLICIES TO ALLOW FOR THE VIEWING
 OF PHOTO OR VIDEO FOOTAGE CAPTURED BY A CAMERA INSTALLED INSIDE A SCHOOL
 BUS, AS SUCH TERM IS DEFINED IN SECTION ONE  HUNDRED  FORTY-TWO  OF  THE
 VEHICLE  AND  TRAFFIC  LAW,  BY  A  PARENT OR GUARDIAN OF A PUPIL WHO IS
 TRANSPORTED TO AND FROM SCHOOL OR TO AND  FROM  SCHOOL-SPONSORED  ACTIV-
 ITIES  BY  SUCH  SCHOOL BUS, WHEN SUCH PARENT, GUARDIAN OR PUPIL REPORTS
 ANY INCIDENT OF PHYSICAL  HARM,  HARASSMENT,  INTIMIDATION  OR  BULLYING
 OCCURRING  AGAINST  THE  PUPIL WHILE SUCH PUPIL TRAVELLED ON SUCH SCHOOL
 BUS.
   2. THE POLICIES ADOPTED BY EACH BOARD OF EDUCATION OR BOARD  OF  TRUS-
 TEES  SHALL  REQUIRE  FOOTAGE  TO BE VIEWED UNDER THE SUPERVISION OF THE
 DIRECTOR OF SCHOOLS, THE SCHOOL PRINCIPAL OR  A  SCHOOL  OFFICIAL.  SUCH
 POLICIES  SHALL  COMPLY  WITH  APPLICABLE  STATE REGULATIONS AND FEDERAL
 PRIVACY LAWS.  SUCH POLICIES MAY ESTABLISH A  PROCESS  OR  TIMEFRAME  BY
 WHICH  A  PARENT  OR  GUARDIAN SHALL REQUEST ACCESS TO VIEW THE PHOTO OR
 VIDEO FOOTAGE IN ACCORDANCE WITH THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11805-01-1

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