Revised%20po7440.01%2C%20Video%20Surveillance%20and%20Electronic%20Monitoring.pdf

Parent document: March 7, 2024 Regular Session-03-07-2024.pdf

Text

ACKSON

COUNTY SCHOOLS

Book Policy Manual

Section Ready for the Board

Title Copy of VIDEO SURVEILLANCE AND ELECTRONIC MONITORING
Code po7440.01

Status

Legal WV Board of Education policy 2419

WV Code 18-20-11

WV Code 62-1D-2

FERPA 20 U.S.C. 1232g

34 C.F.R. 99.1-99.67

Title I of the Electronic Communication Privacy Act of 1986
18 U.S.C. 2510-2521

20 U.S.C. 1232g

Adopted April 2, 2020
Last Revised December 14, 2023
Last Reviewed August 23, 2022

7440.01 - VIDEO SURVEILLANCE AND ELECTRONIC MONITORING

The Board authorizes the use of video surveillance and electronic monitoring equipment at various school sites throughout
the County and on school buses. The video surveillance/electronic monitoring equipment shall be used to protect Board
property and assets from theft and vandalism, through deterrence and video documentation. The system is not designed
nor intended to protect individuals from being victims of violent or property crimes, nor to detect other potentially illegal
and undesirable activities that may occur, although information may be used as evidence in such cases.

The monitoring of actions and behavior of individuals who come onto school property is a significant factor in maintaining
order and discipline and protecting students, staff, visitors, and school and student property. Video surveillance/electronic
monitoring systems serve to complement other means being employed in the County to promote and foster a safe and
secure teaching and learning environment for students and staff. The Board recognizes that the use of a video
surveillance/electronic monitoring system does not replace the need for the ongoing vigilance of the school staff assigned by
the building principal to monitor and supervise the school building. Rather, the video surveillance/electronic monitoring
system serves as an appropriate and useful tool with which to augment or support the in-person supervision provided by
staff. The principal is responsible for verifying that due diligence is observed in maintaining general campus security.

The Superintendent is responsible for determining where to install and operate fixed-location video surveillance/electronic
monitoring equipment in the County. The determination of where and when to use video surveillance/electronic monitoring
equipment shall be made in a nondiscriminatory manner. Any person who takes action to block, move, or alter the location
and/or viewing angle of a video camera shall be subject to disciplinary action.


Any information obtained from video surveillance/electronic monitoring systems may only be used to support the orderly
operation of the County's schools and facilities, and for law enforcement purposes, and not for any other purposes. As such,
recordings obtained through the use of video surveillance/electronic monitoring equipment may be used as evidence in any
disciplinary proceedings, administrative proceedings, or criminal proceedings, subject to Board policy and regulations.
Further, such recordings may become a part of a student's education record or staff member's personnel file. The Board
shall not use video surveillance/electronic monitoring equipment to obtain information for the purpose of routine staff
appraisal/evaluation or monitoring.

Video surveillance/electronic monitoring equipment may be placed in common areas in school buildings (e.g., school
hallways, entryways, the front office where students, employees, and visitors are permitted to freely come and go,
gymnasiums, cafeterias, libraries), the school parking lots and other outside areas, and in school buses. Except in
extraordinary circumstances and with the written authorization of the Superintendent, video surveillance/electronic
monitoring equipment shall not be used in areas where persons have a reasonable expectation of privacy (e.g., restrooms,
locker rooms, changing areas, private offices (unless there is express consent given by the office occupant, or
conference/meeting rooms), or in individual classrooms other than self-contained special education classrooms as provided
for in WV Code 18-20-11 during instructional times.

Use of Video Recording Devices in Self-Contained Classrooms and Audio in Restrooms of Self-Contained
Classroom. ("Self-contained classroom" means a classroom at a public school in which a majority of the students in regular
attendance are provided special education instruction-tr-aceordance with Wit Code +8 26-11 and further defined ta Wit

A : aceon rs wy Gade
18- 20- 11 ii aes secs in WVBE policy 2419 to mean a AEE shee students with the most significant
disabilities with similar needs receive instruction in all academic subjects for at least sixty (60) percent of the
student's time.)

The Board shall provide, upon the receipt of State-mandated money for this program to the County, video
surveillance/electronic monitoring equipment to a school for each special education self-contained classroom and audio
recording devices in the restrooms of self-contained classrooms. The audio recording devices in the restrooms of the self-
contained classrooms must be provided prior to August 1, 2023, unless granted a waiver by the WVDE to extend until
August 2024. The principal or other designated administrator of the school shall be the custodian of the video camera and
all recordings generated by the video surveillance/electronic/audio monitoring equipment and access to those recordings. A
County-level administrator shall also be permitted to authorize the viewing and/or release of video/audio surveillance in the
absence of the principal or other designated administrator.

Each public school that receives a video camera under WV Code 18-20-11 shall operate and maintain the video camera in
every self-contained classroom that is part of that school.

Each public school that receives an audio recording device under WV Code18-20-11 shall operate and maintain the audio
recording device in every restroom that is a part of a self-contained classroom that is part of that school: Provided, that
each restroom of a self-contained classroom shall have posted on its door a notice that states: "Pursuant to state law, this
restroom is equipped with an audio recording device for the protection of the students."

If there is an interruption in the operation of the video camera or audio recording device for any reason, a written
explanation shall be submitted to the school principal and the Board explaining the reason and length for which there was
no recording. The explanation shall be maintained at the board office for at least one year.

Such video surveillance/electronic monitoring equipment shall be capable of 1) monitoring all areas of the self-contained
classroom, 2) recording audio from all areas of the self-contained classroom, 3) shall not monitor the restroom or any other
area in the self-contained area where a student changes his/her clothes except for incidental monitoring based on the layout
of the classroom, and 4) is not required to be in operation during the time in which students are not present in the self-
contained classroom. Schools are required to provide written notice of the placement in self-contained classroom under
State-law to employees, parents and/or guardians, as well as the Board. For existing video surveillance/electronic
monitoring equipment, the recordings shall be retained consistent under the Family Education Rights and Privacy Act
(FERPA) and be maintained for at least three (3) months after the date the video was recorded. However, if the three (3)
month period overlaps with the annual summer break this time period shall be extended by the number of overlapping days
between the end of the spring semester and the start of the fall semester. For any system installed or replaced after April
2022, each recording must be retained for at least 365 days and such retention period does not need to be extended to
account for summer break days.

The recordings shall be available to only authorized persons, pursuant to State or Federal law, to view the videos. The
videos shall be made available within seven (7) days of receiving the request.

If an authorized person requests to view a video, the video shall be maintained until the authorized requestor has actually
viewed the video or sixty (60) days after the authorized requestor was notified that the video was to be viewed, whichever
of these time periods is earlier. However, no video may be deleted any earlier than three (3) months or 365 days after the
initial recording date.


The principal, designated designee, or DistrtetCounty-level administrator shall, at least once every ninety (90) days, watch
at least fifteen (15) minutes of video from each self-contained classroom.

The Board authorizes security personnel to use body-worn video cameras while on duty but prohibits them from being
operated while the individual is routinely patrolling restrooms and locker rooms unless the staff member is responding to a
specific incident.

Legible and visible signs shall be placed at the main entrance to buildings and/or in the areas where video
surveillance/electronic monitoring equipment is in use. Signs shall be reasonably designed to notify people that their
actions/behavior are being monitored/recorded. Additionally, the Superintendent is directed to annually notify parents and
students via school newsletters and the Student Handbook, and staff via the Staff Handbook, of the use of video
surveillance/electronic monitoring systems in their schools.

Ordinarily, video surveillance/electronic monitoring equipment shall not be used to make an audio recording of conversation
occurring on school grounds or property. However, surveillance equipment that is required in specific settings/situations
such as a Self-contained special education classroom or school bus may capture audio beyond those designated areas or
during hours of operation when students are not present.

Per WV Code 62-1D-2, it is not a violation of the West Virginia Wiretapping and Electronic Surveillance aetAct if an oral
communication uttered in any child care center, licensed by the Department of Health and Human Resources, is intercepted,
where there are written notices posted informing persons that their oral communications are subject to being intercepted.

Recordings of students shall be treated as confidential. Consequently, because the Board is bound by the Family Educational
Rights and Privacy Act (FERPA), copies of video recordings containing personal identifiable information about students shall
not be released except to school officials with legitimate educational interests. Parents or guardians of minor students, and
students who are eighteen (18) years of age or older, who are charged with disciplinary violations or those involved in an
alleged incident that is documented by the video/audio recording in a special education self-contained classroom that has
been reported to the school/school district may view relevant portions of any video recording related to the charge, upon
written request to the building principal, provided that viewing the recording does not violate State and/or Federal law (i.e.,
the privacy rights of any other students whose images appear on the recording). Likewise, school personnel may view
relevant portions of any video relating to any disciplinary charge against them, upon written request to the building
principal, provided that viewing the recording does not violate State and/or Federal law (i.e., the privacy rights of any
students whose images appear on the recordings). Otherwise, such confidential recordings shall only be released through
subpoena or court order.

The Board shall maintain video surveillance/electronic monitoring recordings of special education self-contained classrooms
for a limited period. Any request to view a recording of a special education self-contained classroom under this policy must
be made within ninety (90) days of the alleged event/incident. Unless a formal complaint is being investigated, recordings
shall be destroyed after ninety (90) days. If, however, action is taken by the Board/administration, as a result of a formal
complaint or incident, recordings shall be kept during the pendency of any investigation or any administrative or legal
proceedings that result from the recording including, without limitation, the exhaustion of all appeals.

This policy does not address or cover instances where school officials record a specific event (e.g., a play, music
performance, athletic contest, graduation, or Board meeting) or an isolated instance where a classroom is videotaped for
educational or research purposes. Authorized videotaping for educational, instructional, and/or research purposes is
permitted and is not addressed by this policy.

The Superintendent is directed to develop administrative guidelines to address the use of video surveillance/electronic
monitoring equipment in school buildings, school buses and on property owned and/or operated by the Board.

Video surveillance is to be implemented in accordance with this policy and the related guidelines. The Board shall not accept
or tolerate the improper use of video surveillance/electronic monitoring equipment and will take appropriate action in any

cases of wrongful use of this policy.

Annually, the Superintendent shall conduct a review to verify that this policy and its implementing guidelines are being
adhered to, and report to the Board on the use of video surveillance/electronic monitoring equipment in the DistrieeCounty.

Revised 8/23/22
Revised 11/3/22

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