1. Full name and signature of requestor;

2. Status of requestor (i.e., parent or legal guardian);

3. Full name of student;

4. Identification of school campus and classroom/setting subject to the request; and

5. Date of submission of request to the Principal or Designated District Representative.

The request must be for installation of a camera at a school campus that has a Self-contained Classroom or other Special Education Setting as defined by State law and Board policy.

 

A Parent/Legal Guardian may request installation of a video camera only for the Self-contained Classroom(s) or Other Special Education Setting(s) in which the Parent’s/Legal Guardian’s child is in regular attendance.  Video/audio recording is not required in every room that a student receiving special education might visit during the school day.  Rather, the duty to record video/audio depends on whether the location meets La. Rev. Stat. Ann. §17:1948 criteria based on the student’s classroom of regular attendance.

 

A request for installation and operation of video/audio recording in a Self-contained Classroom(s) or Other Special Education Setting(s) must be renewed annually by an Eligible Requestor if operation of the video/audio equipment is desired for the subsequent school year.

1. All requests for Camera Installation in a Self-contained Special Education Classroom must be submitted in writing using the Request for Camera Installation form available from the School District.
   
   

2. The Designated Representative will notify the requestor of receipt of the request using the Acknowledgement of Request for Camera Installation form.
   
   

3. Following receipt of a signed Request for Camera Installation form, the School District will determine if the request was made by an Eligible Requestor (parent or legal guardian of a student with a disability in regular attendance in the identified Self-contained Classroom under the authority of the School Board, or student of majority age with decision-making authority).
   
   

4. If the request was made by an Eligible Requestor, the School District will determine if the requested location is subject to La. Rev. Stat. Ann. §17:1948.
   
   

5. Following validation of a request for camera installation and operation in an applicable classroom by an Eligible Requestor, the request will be routed to the Maintenance Supervisor for assessment of installation needs.
   
   

6. The Maintenance Supervisor will arrange for a walk-through assessment of the requested location within seven (7) days.
   
   

7. Following a walk-through of the prospective installation location to which the request applies, the Maintenance Supervisor will notify the District Finance Office of anticipated installation-related costs and number of cameras determined necessary to cover the area in accordance with La. Rev. Stat. Ann. §17:1948, in addition to anticipated monitoring, maintenance, storage, and other related costs.
   
   

8. The Finance Officer will review the Maintenance Supervisor’s cost estimate and determine the availability of specific funding needed to honor the request.  The Finance Office will report its findings to the Designated District Representative within ten (10) days.
   
   

9. Within fourteen (14) days from receipt of a Request for Camera Installation form by an Eligible Requestor, the Designated District Representative will provide a written response to the requestor, either approving the request or stating the reason for denying the request (Request for Audio/Video Recording – Eligibility Decision form).
   
   

10. The assessment, purchase, installation, and operation of the video/audio recording equipment will generally take place within forty-four (44) school business days after the request is determined to be valid (unless an extension of time is needed to obtain additional information, secure equipment, arrange for installation, Acts of God, or other issues outside of District control that impede the process).  The requestor will be notified of extraordinary delays exceeding forty-five (45 days) from date of request.
    
    

11. The video/audio recording equipment will not be activated until after advanced written notice, of at least five (5) school business days, is provided to:  (a) the parents/guardians of each student regularly attending the class, advising that video and audio recording will be conducted in the classroom or setting (Notice of Installation and Operation of Audio/Video Recording Equipment Date form) and (b) all campus staff and visitors via a posted notice identifying the area as subject to video and audio recording.
    
    

12. The video/audio recording will cover all areas of the classroom or setting, including an area of classroom or setting that may be used for calming or time-out.
    
    

13. The inside of a bathroom or area used for toileting or diapering a student or removing or changing a student’s clothes may not be visually monitored, except for incidental coverage of a minor portion of the bathroom or changing area because of the layout of the classroom or setting.
    
    

14. The audio feature of the recording will cover all areas of the classroom or setting, calming/time-out areas, and bathroom or changing area.
    
    

15. Once the video/audio equipment is activated, the School District will not allow regular or continual monitoring of the video/audio recordings.
    
    

16. The video/audio camera will be operated at all times during which one or more students is present in the Self-contained Classroom or Other Special Education Setting.
    
    

17. The School District will continue to operate and maintain the video/audio device(s) in the Self-contained Classroom or Other Special Education Setting for the remainder of the regular school year, or for the remainder of Extended School Year (“ESY”) services that specific year and for which the school or campus received the request, as long as the classroom or setting continues to meet the definition of a Self-contained Classroom or Other Special Education Setting.
    
    

18. If the requestor withdraws the request in writing, or if the make-up of the classroom or setting changes such that the location no longer meets the definition of a Self-contained Classroom or Other Special Education Setting, the video/audio recording may be discontinued. Written notice of the discontinuation of video/audio monitoring (Notice of Discontinuation of Video/Audio Monitoring form) along with notice of the opportunity to request continued video and audio recording, will be provided to the parents of the students assigned to the Self-Contained Classroom or Other Special Education Setting and all campus staff prior to the discontinuation.
    
    

19. The video/audio recordings will be stored in a safe and secure manner whether stored on on-site or off-site servers or in cloud storage.
    
    

20. Recordings will be stored separately from the general school surveillance footage, so that only authorized users have access.
    
    

21. The School District will retain the video/audio recordings for at least thirty (30) days after the video was recorded, and may retain recordings longer, if for example, a request for viewing is made as part of an allegation of abuse or neglect pursuant to State law and these procedures.

• Audio/video recordings are confidential and may only be released for viewing to certain individuals as defined by Louisiana statute.  Specifically, viewing of an audio/video recording of a Self-contained Classroom or Other Special Education Setting is subject to La. Rev. Stat. Ann. §§17:1948 and 17:3996(B)(59), other applicable State laws regarding student and employee information, and School Board policies and procedures.
  
  

• Audio/video recordings under La. Rev. Stat. Ann. §§17:1948 and 17:3996(B)(59) and these procedures are not personally identifiable information (PII) as defined in La. Rev. Stat. Ann. §17:3914.  Audio/video recordings under Louisiana law and these procedures are not public records and therefore are not subject to public records requests.  An individual may not view the recordings if prohibited from doing so by the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g; 34 CFR Part 99), even if that individual would otherwise be eligible to view the recordings pursuant to Louisiana law and these procedures.

• A District Representative must be present at all times during the viewing.  Only the Special Education/Exceptional Student Services Director/Supervisor, a school administrator, school nurse, or other individual designated by the Superintendent may act as the District Representative at the viewing.  No person other than the Eligible Requestor, District Representative(s), and law enforcement officials may be present.
  
  

• Recording is strictly prohibited while viewing.  The District Representative(s) will monitor for unauthorized recording of video or audio during the viewing.  The School District reserves the right to take responsive action to address violations of this recording prohibition.

Mandated Reporting.  Any person who views a recording and who suspects the recording shows a violation of Louisiana or federal law is required to report the suspected violation to the appropriate law enforcement agency.

 

Prohibition on Copying.  The opportunity to access audio/video recordings under the limited circumstances described herein does not equate to the opportunity to obtain a copy of the audio/video recording(s).

1. The Designated Representative shall review the report and provide a response to the requestor, approving the request or stating the reason for denying the request, within two (2) school business days (using a Notification Regarding Incident Report and Request to View Video Recording, or Response to Invalid Incident Report).  If appropriate, the Designated Representative may need to contact the requestor to clarify his or her report and obtain additional information.
   
   

2. Based on the report and other information obtained from the requestor, if any, the Designated Representative shall make a preliminary determination of whether the requestor would be an Eligible Requestor, as set forth above, if the information provided by the requestor is true.  If the Designated Representative determines that the individual would not be an Eligible Requestor (for example, a parent of a student who is not involved in an alleged Incident, other categories of School District personnel not listed above, the news media, etc.), the Designated Representative may deny the request on the basis that the individual is not an Eligible Requestor.  The Designated Representative shall note the date of denial of the request and notify the requestor that the request has been denied using a Response to Invalid Incident Report form.
   
   

3. If the request is denied because the individual is not an Eligible Requestor, the Designated Representative may still review the report and other information obtained from the requestor.  Even if the report does not involve an alleged Incident, the Designated Representative and other authorized School District personnel may view the video recording(s) in response to a report of an alleged Incident, an investigation of School District personnel, or a report of alleged abuse committed by a student.
   
   

4. If the Designated Representative determines that the individual would be an Eligible Requestor if the information provided by the requestor is true, the report must allege an Incident and the alleged Incident must be documented by a video recording in the classroom in which the student is in regular attendance.
   
   

5. The Designated Representative must determine whether the report involves an alleged Incident that is documented by a video recording.
   
   

6. If an alleged incident of abuse, neglect, or sexual misconduct, as described herein, is reported, the Designated District Representative will coordinate with one or more person(s) designated by the Superintendent to schedule a time and location for viewing the recording of the alleged incident within two (2) school business days from receipt of the Incident Report form, absent extenuating circumstances.  The designated group will determine whether the recording contains evidence of abuse or neglect of a student by a staff member of the School District, or physical abuse or sexual abuse of a student by another student, as defined in the Louisiana Children’s Code or Louisiana Revised Statutes.  If evidence warrants, the appropriate School District administrator shall initiate other steps as required by law and School District policy.
   
   

7. Appropriate District administrator(s) will determine whether additional safety measures should be taken in the Self-contained Classroom or Other Special Education Setting pending a review of the relevant video/audio recording.
   
   

8. If the alleged incident described on the Incident Report form meets the definition of abuse or neglect of a student by a staff member of the School District or sexual abuse of a student by another student as defined in the Louisiana Children’s Code or Louisiana Revised Statutes, supported by video evidence, the School District will provide written notice to the Eligible Requestor making the report within ten (10) school business days of the School District’s review.  The recording of the reported Incident will be available to the Eligible Requestor pursuant to written request.
   
   

9. If the alleged incident described on the Incident Report form cannot qualify as abuse or neglect of a student by a staff member of the School District or sexual abuse of a student by another student as defined in the Louisiana Children’s Code or Louisiana Revised Statutes, the School District will provide written notice to the person making the report that the allegations on the Incident Report form do not set forth an alleged incident (i.e., abuse or neglect, or sexual misconduct as defined in Louisiana law and regulations) within three (3) school business days of the School District’s review.
   
   

10. The School District will notify any non-reporting parent of a child in a Self-contained Classroom following receipt of a valid report of an Incident documented on a recording, within seven (7) school business days of the initial review of the video/audio recording(s) (Notice of Incident Report to Non-Reporting Parent/Guardians form).

• The opportunity to view a video recording does not equate to the opportunity to receive a copy of the video recording(s).  For purposes of these procedures, “access” shall mean the opportunity to view the video recording(s) in accordance with these procedures.
  
  

• A District representative must be present at all times during the viewing.
  
  

• No person other than the Eligible Requestor and the District Representative may be present during the viewing.  If the Eligible Requestor brings a representative or other individual to the viewing appointment, those individuals must remain outside the room during the viewing, unless the other individual is the student’s other parent.

Recording is strictly prohibited during the viewing.  The District Representative will monitor for unauthorized recording (e.g., by cell phone, etc.) during the viewing and shall immediately stop the viewing appointment if an Eligible Requestor attempts to record the video during the viewing appointment.

• Regular or on-going monitoring of the audio/video recording.

• Teacher/staff evaluation or monitoring; and

• Any purpose other than promoting the safety of students receiving special education services in Self-contained Classrooms or Other Special Education Settings or as otherwise provided in these procedures.

1. A campus of another school district; or

2. A non-public school.