NY State Senate Bill 2019-S7276

Senate Bill S7276

2019-2020 Legislative Session

Relates to requiring video camera recording in special education classrooms where pupils are unable to communicate effectively

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2020	referred to education

2019-S7276 (ACTIVE) - Details

See Assembly Version of this Bill:: A2793
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §4407-a, Ed L
Versions Introduced in 2017-2018 Legislative Session:: A11347

2019-S7276 (ACTIVE) - Summary

Requires video camera recording in special education classrooms where pupils are unable to communicate effectively.

2019-S7276 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7276

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring video camera
recording in special education classrooms where pupils are unable to
communicate effectively

 
SUMMARY OF SPECIFIC PROVISIONS:

Section J. The education law is amended by adding a new section 4407-A.
Each school district and the governing body of each charter school shall
provide equipment, including, without limitation, one or more video
cameras with the capability of recording sound, to each public school or
charter school which has a classroom in which a majority of the pupils
who regularly are present in the classroom; receive special education,
have a disability, including but not limited to autism or autism spec-
trum disorder which render the pupils unable to communicate effectively.

A video camera installed must record; the classroom only curing a regu-
lar school day, all areas of the classroom with exception of interior of

bathroom or any area where a pupil changes or removes his or her cloth-
ing.  The principal of a public school or charter school shall provide
written notice that a. video camera has been or will be installed and to
each parent or guardian of a special needs pupil.

Before assigning any employee who provides services to pupils at a
public school or charter school in which a video camera is installed
shall be provided the necessary training concerning the use of the
camera and the rights and responsibility of the employee regarding the
video camera.

A public school or charter school shall not allow the regular monitoring
of a recording made by a video camera by any person an shall retain. any
recording that is made for not more than sixty days ò or until the
disposition of a complaint, or unless required to do so for a longer
period by a court order, subpoena_ The board of education of a school
district and the governing body of a charter school may solicit or
accept gifts, grants or donations from any person to support the instal-
lation of video cameras.

A recording is confidential and is not a public record for purposes of
the freedom of information law. Except as otherwise provided in subdivi-
sion eight of this section, a recording may not be viewed, released or
used by any person unless the 'board of education or governing body of a
charter school that made the recording obtains the written consent of
each person who appears in the recording, including, without limitation,
the parent or legal guardian of a pupil who appears in the recording.

A public school or charter school shall release a recording made to a
parent or guardian of a pupil, an employee of the school who appears in
a recording relating to a complaint filed with the department.  Release
will be furnished to an employee designated with the department to
investigate a complaint, an agency providing child welfare as part of an
investigation of a report concerning neglect or abuse, a peace officer
as part of the criminal investigation and to a parent or legal guardian
of a pupil who appears in the recordings.

This section does not create a cause of action; waive any immunity from
liability or limitation on liability of a school district or a charter
school, or an officer or employee of a school district or charter school
that is otherwise provided by law.

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

The intent of this legislation is to provide and assure students with
special needs, specifically students with autism, who may have difficul-
ty voicing acts of neglect and abuse, the protections against such
neglect and abuse. It is also designed to protect school administrators
and faculty who may be falsely accused of neglect and abuse allegations
or charges.

The federal government does not keep records on how many children are
injured in special education classrooms. However, it does keep track of
how many special education students are restrained and secluded at
schools, which can lead to injury. According to the U.S. Department of
Education, about 12 percent of all students receive services under the
individuals with Disabilities Education Act, but special education
students were 67 percent of students restrained or secluded just in the
2013-14 school year.

A classroom camera recorded a 2012 incident in which a Piano teacher
dragged an eight year old student with autism into a "calm room" and
knocked the child to the floor as he removed the boy's shoes. The teach-
er than held the calm-room door closed with his body. The camera didn't
prevent the teacher's behavior. But it did provide evidence that backed
up the student's story.

It's no surprise to parents of children significantly affected by autism
that their kids are uniquely vulnerable to abuse due to many factors:
classrooms with closed doors, often inadequate training for teachers and
aides, inappropriate staffing levels, children with sometimes challeng-
ing behaviors who mar not be able to report what happens at school. For
many families who have no insurance coverage for autism-related thera-
pies, the public school is the only resource they have to help their
children.

 
PRIOR LEGISLATIVE HISTORY:

2018: Referred to Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Yet to be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7276 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7276
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 requiring video camera
   recording in special education classrooms where pupils are  unable  to
   communicate effectively
 
   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 4407-a
 to read as follows:
   § 4407-A. VIDEO CAMERA RECORDING OF  SPECIAL  EDUCATION  SERVICES  AND
 PROGRAMS. 1. EACH SCHOOL DISTRICT AND THE GOVERNING BODY OF EACH CHARTER
 SCHOOL, AS APPLICABLE, SHALL PROVIDE EQUIPMENT, INCLUDING, WITHOUT LIMI-
 TATION,  ONE  OR  MORE  VIDEO  CAMERAS  WITH THE CAPABILITY OF RECORDING
 SOUND, TO EACH PUBLIC SCHOOL OR CHARTER SCHOOL WHICH HAS A CLASSROOM  IN
 WHICH  A  MAJORITY OF THE PUPILS WHO REGULARLY ARE PRESENT IN THE CLASS-
 ROOM:
   (A) RECEIVE SPECIAL EDUCATION SERVICES OR  PROGRAMS  PURSUANT  TO  THE
 PROVISIONS OF THIS ARTICLE;
   (B)  HAVE  A DISABILITY, INCLUDING BUT NOT LIMITED TO AUTISM OR AUTISM
 SPECTRUM DISORDER WHICH RENDER THE PUPILS UNABLE TO  COMMUNICATE  EFFEC-
 TIVELY; AND
   (C)  ARE  ASSIGNED  TO  THE  CLASSROOM  TO  RECEIVE  SPECIAL EDUCATION
 SERVICES OR PROGRAMS PURSUANT TO THE PROVISIONS OF THIS ARTICLE, FOR  AT
 LEAST FIFTY PERCENT OF THE INSTRUCTIONAL DAY.
   2.  A  VIDEO  CAMERA  INSTALLED  PURSUANT  TO  SUBDIVISION ONE OF THIS
 SECTION MUST RECORD: (A) THE CLASSROOM ONLY DURING A REGULAR SCHOOL DAY;
 AND (B) ALL AREAS OF THE CLASSROOM, EXCEPT THAT THE  VIDEO  CAMERA  MUST
 NOT RECORD THE INTERIOR OF A BATHROOM OR ANY OTHER AREA IN WHICH A PUPIL
 MAY CHANGE OR REMOVE HIS OR HER CLOTHING.
   3.  THE  PRINCIPAL  OF A PUBLIC SCHOOL OR CHARTER SCHOOL SHALL PROVIDE
 WRITTEN NOTICE THAT A VIDEO CAMERA HAS BEEN OR WILL BE INSTALLED  PURSU-
 ANT  TO  THIS  SECTION  TO  EACH PARENT OR LEGAL GUARDIAN OF A PUPIL WHO
 RECEIVES SUCH SPECIAL EDUCATION AT THE SCHOOL AND TO  ANY  OTHER  PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06267-01-9

 S. 7276                             2
 
 LIKELY  TO  BE  RECORDED BY THE VIDEO CAMERA, INCLUDING, WITHOUT LIMITA-
 TION, AN EMPLOYEE OF THE SCHOOL WHO WILL BE IN THE CLASSROOM.
   4.  BEFORE ASSIGNING ANY EMPLOYEE WHO PROVIDES SERVICES TO PUPILS AT A
 PUBLIC SCHOOL OR CHARTER SCHOOL TO PROVIDE SUCH SERVICES IN A  CLASSROOM
 IN  WHICH  A VIDEO CAMERA HAS BEEN INSTALLED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, THE PRINCIPAL OF  THE  SCHOOL  SHALL  ENSURE  THAT  THE
 EMPLOYEE  HAS  RECEIVED  APPROPRIATE  TRAINING CONCERNING THE USE OF THE
 VIDEO CAMERA, THE RIGHTS AND RESPONSIBILITIES OF THE EMPLOYEE  REGARDING
 THE VIDEO CAMERA AND THE OTHER PROVISIONS OF THIS SECTION.
   5. A PUBLIC SCHOOL OR CHARTER SCHOOL SHALL NOT ALLOW THE REGULAR MONI-
 TORING OF A RECORDING MADE BY A VIDEO CAMERA PURSUANT TO THIS SECTION BY
 ANY PERSON AND SHALL RETAIN ANY RECORDING THAT IS MADE FOR NOT MORE THAN
 SIXTY DAYS OR UNTIL THE DISPOSITION OF A COMPLAINT, WHICHEVER IS LONGER,
 UNLESS  REQUIRED TO DO SO FOR A LONGER PERIOD BY A COURT ORDER, SUBPOENA
 OR PURSUANT TO ANY OTHER PROVISION OF LAW.
   6. THE BOARD OF EDUCATION OF A SCHOOL DISTRICT AND THE GOVERNING  BODY
 OF  A  CHARTER  SCHOOL  MAY SOLICIT OR ACCEPT GIFTS, GRANTS OR DONATIONS
 FROM ANY PERSON TO SUPPORT THE INSTALLATION OF VIDEO CAMERAS  IN  PUBLIC
 SCHOOLS OR CHARTER SCHOOLS PURSUANT TO THIS SECTION.
   7.  A  RECORDING  MADE PURSUANT TO THIS SECTION IS CONFIDENTIAL AND IS
 NOT A PUBLIC RECORD FOR PURPOSES OF  THE  FREEDOM  OF  INFORMATION  LAW.
 EXCEPT  AS  OTHERWISE  PROVIDED  IN SUBDIVISION EIGHT OF THIS SECTION, A
 RECORDING MAY NOT BE VIEWED, RELEASED OR USED BY ANY PERSON  UNLESS  THE
 BOARD  OF  EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BODY OF THE
 CHARTER SCHOOL THAT MADE THE RECORDING OBTAINS THE  WRITTEN  CONSENT  OF
 EACH PERSON WHO APPEARS IN THE RECORDING, INCLUDING, WITHOUT LIMITATION,
 THE PARENT OR LEGAL GUARDIAN OF A PUPIL WHO APPEARS IN THE RECORDING.
   8.  A  PUBLIC  SCHOOL OR CHARTER SCHOOL SHALL RELEASE A RECORDING MADE
 PURSUANT TO THIS SECTION TO:   (A) THE PARENT OR  LEGAL  GUARDIAN  OF  A
 PUPIL  OR  AN  EMPLOYEE  OF  THE SCHOOL, AS APPLICABLE, WHO APPEARS IN A
 RECORDING RELATING TO A COMPLAINT FILED  WITH  THE  DEPARTMENT;  (B)  AN
 EMPLOYEE  DESIGNATED  WITH  THE  DEPARTMENT  TO  INVESTIGATE A COMPLAINT
 RELATING TO THE RECORDING; (C) AN AGENCY WHICH PROVIDES CHILD WELFARE AS
 PART OF AN INVESTIGATION OF A REPORT CONCERNING THE ABUSE OR NEGLECT  OF
 A  CHILD;  (D)  A PEACE OFFICER AS PART OF A CRIMINAL INVESTIGATION; AND
 (E) A PARENT OR LEGAL GUARDIAN OF A PUPIL WHO APPEARS IN THE  RECORDING,
 FOR USE IN A LEGAL PROCEEDING.
   9.  THIS  SECTION DOES NOT: (A) CREATE A CAUSE OF ACTION; OR (B) WAIVE
 ANY IMMUNITY FROM LIABILITY OR  LIMITATION  ON  LIABILITY  OF  A  SCHOOL
 DISTRICT  OR  A  CHARTER  SCHOOL,  OR AN OFFICER OR EMPLOYEE OF A SCHOOL
 DISTRICT OR CHARTER SCHOOL THAT IS OTHERWISE PROVIDED BY LAW.
   10. THE DEPARTMENT MAY ADOPT SUCH REGULATIONS AS IT DEEMS NECESSARY TO
 CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

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