HB 4995 — Require the use of video cameras in certain special education classrooms

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED Committee Substitute for Committee Substitute for House Bill 4995 ByBYD DelegatesELEGATESMARTIN, Martin,UMP, Kump,WILLI, Willis,ERREL, Ferrell,P Phillips,HILLI, Shamblin,HAMBLIN, Hornby,ORNBY, Mallow,MALLOW, Brooks,ROOKS Toney,, andTONEY Mazzocchi,ANDM [ReportedAZZOCCHI February[Passed 27,2026,March from13, the2026; Committee on the Judiciary] Eng CS for CS for HB 4995 A BILL to amend and reenact §18-20-11 and §18A-2-8 of the Code of West Virginia, 1931, as amended, relating to video cameras and audio recordings in self-contained classrooms;

in effect 90 days from passage (June 11, 2026)] Enr CS for CS for HB 4995 AN ACT to amend and reenact §18-20-11 and §18A-2-8 of the Code of West Virginia, 1931, as amended, relating to video cameras and audio recordings in self-contained classrooms;

or 1Enr Eng CS for CS for HB 4995 (B) Another student;

(2) Every public school that receives an audio recording device under this section 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,school: That each restroom of a self-contained classroom shall have posted on its door a notice that states:

"PursuantProvided, toThat stateeach law, this restroom is equipped with an audio recording device for the protection of thea students."self-contained (3)classroom Ifshall therehave isposted anon interruptionits indoor the operation of the video camera or audio recording device for any reason, a writtennotice explanationthat shouldstates: be submitted to the school principal and the local 2 Eng CS for CS for HB 4995 educational agency (LEA) board explaining the reason and length for which there was no recording.

The"Pursuant explanationto shallstate belaw, maintainedthis atrestroom is equipped with an audio recording device for the localprotection educationalof agencythe (LEA)students." board(3) officeIf there is an interruption in the operation of the video camera or audio recording device for atany leastreason, onea year. Noticewritten shallexplanation alsoshould be providedsubmitted to anythe parentschool orprincipal guardianand whosethe childlocal wasEnr presentCS atfor theCS timefor ofHB 4995 educational agency (LEA) board explaining the interruption.reason and length for which there was no recording.

The explanation shall be maintained at the local educational agency (LEA) board office for at least one year.

Notice shall also be provided to any parent or guardian whose child was present at the time of the interruption.

(f) Before a public school initially places a video camera in a self-contained classroom or an audio recording device in the restroom of a self-contained classroom pursuant to this section, the local educational agency (LEA) shall provide written notice of the placement, including a written copy of this section of code, to:code, to:

(1) The parent or legal guardian of a student who is assigned to the self-contained classroom: Provided,classroom: That the parent or guardian be allowed the opportunity to opt out of the bathroom audio monitoring for their student.

Provided, That the parent or guardian be allowed the opportunity to opt out of the bathroom audio monitoring for their student.

and 3Enr Eng CS for CS for HB 4995 (2) The school employee(s) who is assigned to work with one or more students in the self- contained classroom.

(g)(1) Except as provided in subdivision (2) of this subsection, a public school shall retain video and audio recorded pursuant to this section for at least threeleast months afterthree months after the date of the recording, subject to the following:

(A) If the minimum three-monthminimum three-month period overlaps the summer break occurring between the last day of one instructional term and the first day of the next instructional term, the minimum three-month period shall be extended by the number of days occurring between the two instructional terms;

(B) For any school-based camera system or audio device recording device that is installed or replaced after April 1, 2022, the public school shall retain video recorded from a camera or audio device recording for at least 365least days after365 days after the date the video or audio was recorded and no extension of this time period during the summer break is required.

4Enr Eng CS for CS for HB 4995 (2) Create any liability for a cause of action against a public school or local educational agency (LEA) or employee of a public school or local educational agency (LEA);

(i) A public school or local educational agency (LEA) shall not use video or audio recorded under this section for:for (1) Teacher evaluations:

(1) Teacher evaluations:

or or (2) Any purpose other than the promotion and protection of the health, wellbeing, and safety of students receiving special education and related services in a self-contained classroom or restroom of a self-contained classroom.

The school principal, other school administration designee, or local educational agency (LEA) designee shall review no less than 15 minutes of the videothe video and no less than 15 minutes ofminutes of audio of each self-contained classroom and restroom at the school no less than every 90 30 calendarevery 30 calendar days.

5Enr Eng CS for CS for HB 4995 (1) A public school or local educational agency (LEA) employee who is involved in an alleged incident that is documented by the recording and has been reported to the public school or local educational agency (LEA);

(l) Within seven days of receiving a request, a public school or local educational agency (LEA) shall allow review of a recording by and comply with all subsequent requests for review or release of the recording, by:recording, by:

(1) A law-enforcement officer or employee of the Department of Human Services, as part of an investigation into an alleged incident that is documented by the recording and has been reported to the agency: Provided,agency: That if a release of the recording is requested pursuant to this subdivision, the agency receiving a copy of the recording shall maintain strict confidentiality of the recording and not further release the recording without authorization from the public local educational agency (LEA) through its superintendent;

orProvided, (2)That Aif judge,a counsel,release orof other legal entity that is charged with deciding or representing either the school board, students, or employees in any matters related to legal issues arising from an incident: Provided, That the recording mayis onlyrequested be released pursuant to anthis appropriatesubdivision, protectivethe orderagency orreceiving undera seal. copy (m)of Ifthe an incident is discovered while initially reviewing a recording thatshall requiresmaintain astrict reportconfidentiality to be made under §49-2-803 of thisthe code,recording thatand reportnot shallfurther berelease made by the reviewerrecording pursuantwithout toauthorization thatfrom sectionthe withinpublic 24local hourseducational ofagency viewing(LEA) thethrough incident.its superintendent;

6or Eng(2) CSA forjudge, CScounsel, foror HBother 4995legal (n)entity Whenthat a recording is undercharged reviewwith asdeciding partor ofrepresenting theeither investigation of an alleged incident, and the recordingschool revealsboard, astudents, student violating a disciplinary code or ruleemployees ofin theany school,matters which violation is not related to thelegal allegedissues incidentarising forfrom whichan theincident: review is occurring, and which violation is not already the subject of a disciplinary action against the student, the student is not subject to disciplinary action by the school for such unrelated violation unless it reveals a separate incident as described in §18-20-11(b)(1) of this code.  (o) It is not a violation of subsection (j) of this section if a contractor or other employee of a public school or local educational agency (LEA) incidentally reviews a recording under this section if the contractor or employee of a public school or local educational agency (LEA) is performing job duties related to the:

Provided, That the recording may only be released pursuant to an appropriate protective order or under seal.

(m) If an incident is discovered while initially reviewing a recording that requires a report to be made under §49-2-803 of this code, that report shall be made by the reviewer pursuant to that section within 24 hours of viewing the incident.

Enr CS for CS for HB 4995 (n) When a recording is under review as part of the investigation of an alleged incident, and the recording reveals a student violating a disciplinary code or rule of the school, which violation is not related to the alleged incident for which the review is occurring, and which violation is not already the subject of a disciplinary action against the student, the student is not subject to disciplinary action by the school for such unrelated violation unless it reveals a separate incident as described in §18-20-11(b)(1) of this code.

(o) It is not a violation of subsection (j) of this section if a contractor or other employee of a public school or local educational agency (LEA) incidentally reviews a recording under this section if the contractor or employee of a public school or local educational agency (LEA) is performing job duties related to the:

7Enr Eng CS for CS for HB 4995 (r) (1) Any aggrieved person may appeal to the State Board of Education an action by a public school or local educational agency (LEA) that the person believes to be in violation of this section.

Upon the commencement of any fact-finding investigation involving conduct alleged to jeopardize the health, safety, or welfare of students or the learning environment of other students, whether being conducted internally,Enr or in 8 Eng CS for CS for HB 4995 internally, or in cooperation with police or Department of Human Services, the affected employee shall be suspended, placed on administrative leave, or reassigned to duties which do not involve direct interaction with pupils.

A county board shall complete an investigation of an employee that involves evidence that the Enr CS for CS for HB 4995 employee may have engaged in conduct that jeopardizes the health, safety, or welfare of students despite the employee's resignation from employment prior to completion of the investigation.

9 Eng CS for CS for HB 4995 (e) It shall be the duty of any school principal to report any employee conduct alleged to jeopardize the health, safety, or welfare of students or the learning environment of other students, to the county superintendent within 24 hours of the allegation.

10Enr CS for CS for HB 4995 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................