SB 56 — Relating to public K-12 schools; to add Section 16-39-13 to the Code of Alabama 1975; to require local boards of education to install, maintain, and operate video cameras in certain self-contained classrooms providing special education services, if the funding to do so is available; and to provide protections for the use of video recordings.

SB56 ENGROSSEDENROLLED OQ2UMW-2OQ2UMW-3 By Senators Orr, Coleman-Madison, Scofield, Hatcher, Jones, Albritton, Melson, Waggoner, Allen, Barfoot, Butler, Elliott, Weaver, Sessions, Williams, Chesteen, Figures, Kelley, Singleton RFD:

07-Mar-23 2023 Regular Session Page 0 SB56 EngrossedEnrolled 2Enrolled, 4An 6Act, A3 BILL TO BE ENTITLED AN ACT Relating to public K-12 schools;

This term includes any room attached to the classroom where special education services are provided and any calm down rooms, sensory rooms, Page 1 SB56 Engrossed and common areas.

(b)(1) In order to promote classroom and student safety, each local board of education in the state, if the Page 1 SB56 Enrolled funding is available, may provide, place, operate, and maintain video cameras in each self-contained classroom under the jurisdiction of the board in which at least half of the students are provided special education services.

(3) Each local board of education shall provide written notice of the placement of video cameras to each parent or legal guardian of any student assigned to a self-contained Page 2 SB56 Engrossed classroom where video cameras are installed.

(c)(1) All video and audio recordings of students made pursuant to this section are confidential and shall not be released or viewed, except as provided in subdivision (2) and where the release or viewing is otherwise consistent with the federal Family Educational Rights and Privacy Act of 1974 Page 2 SB56 Enrolled (FERPA) and state law.

(2) In the event an incident of alleged abuseabuse, orneglect, neglectharassment, ofor aother studentinappropriate behavior has been reported to the local boardsuperintendent of education or the principal of the school, the video or audio recordings that document the alleged abuseabuse, neglect, harassment, or neglectother inappropriate behavior shall be provided to the following individuals upon request:

Any employee who is involved in the alleged incident of abuseabuse, neglect, harassment, or neglect.other inappropriate behavior.

Each parent or legal guardian of any student who is involved in the alleged incident of abuseabuse, neglect, harassment, or neglect.other inappropriate behavior.

The employee or administrator designated by the local boardsuperintendent of education to investigate the alleged incident of abuseabuse, neglect, harassment, or neglect.other inappropriate behavior.

Appropriate law enforcement officers and state agency officials who are investigating the report of an alleged incident of abuseabuse, neglect, harassment, or neglect.other inappropriate behavior.

Legal counsel representing any of the listed individuals.individuals or the local board of education.

(3)f. A contractor or employee performing job duties relating to the installation, operation, or maintenance of video equipment or retention of video or audio recordings, who incidentally views a video recording of an alleged incident of Page 3 SB56 Engrossed abuse or neglect, may not be found in violation of this section.

An investigator retained by any of the listed individuals or the local board of education.

(3) A contractor or employee performing job duties relating to the installation, operation, or maintenance of Page 3 SB56 Enrolled video equipment or retention of video or audio recordings, who incidentally views a video recording of an alleged incident of abuse, neglect, harassment, or other inappropriate behavior may not be found in violation of this section.

(1) If the minimum three-month period overlaps with the summer break occurring between the last day of one instructional term and the first day of the next instructional 95 term, the minimum three-month period shall be extended by the number of days occurring between the two instructional terms.

95 (2) If an alleged incident of abuseabuse, neglect, harassment, or neglectother inappropriate behavior has been reported to the local boardsuperintendent of education or school principal, the video and audio recordings shall be retained until the completion of all investigations, administrative proceedings, and legal proceedings relating to the alleged incident of abuseabuse, neglect, harassment, or neglect,other inappropriate behavior, including the exhaustion of all appeals.

(f)(1) This section may not be interpreted to limit the access of a student's parent or legal guardian to a video Page 4 SB56 Enrolled recording viewable under FERPA, or any other law.

(2) The local board of education shall take necessary precautions to conceal the identity of any student who appears in a video or audio recording who is not personally involved Page 4 SB56 Engrossed in the alleged incident of abuseabuse, neglect, harassment, or neglect,other inappropriate behavior, including, without limitation, blurring the face of any uninvolved student.

Page 5 SB56 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................07-Mar-23________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives EducationSB56 PolicySenate Read23-Mar-23 forI hereby certify that the secondwithin timeAct andoriginated placedin ................21-Mar-23and onpassed the calendar:Senate, as amended.

1 amendment Read for the third time and passed ................23-Mar-23 as amended Yeas 30 Nays 1 Abstains 0 Patrick Harris, Secretary.

PageHouse 6of Representatives Amended and passed:

31-May-23 Senate concurred in House amendment 31-May-23 By:

Senator Orr Page 6