House File 2681 H-8211 Amend House File 2681 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 256.7, Code 2026, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 36. Grant a hearing on an appeal under 5 section 279.89, subsection 18, within forty-five days of 6 receiving the appeal. > 7 2. Page 1, line 4, after < installation > by inserting < and 8 use > 9 3. Page 1, line 10, after < installation > by inserting < and 10 use > 11 4. Page 1, by striking lines 15 through 22 and inserting: 12 < 1. As used in this section, unless the context otherwise 13 requires: 14 a. “Incident” means a raised suspicion by a teacher, aide, 15 parent, or guardian of a student, of bullying, abuse, or 16 neglect of a student or of harm to an employee of a school 17 district by an employee of the school district or another 18 student. 19 b. “Self-contained classroom” means a classroom or setting 20 where students with individualized education programs or 21 students with behavior intervention plans are educated 22 separately from other students for the majority or entirety of 23 the school day. 24 c. “Special education” means the same as defined in section 25 256B.2. 26 2. A school district shall ensure placement of video cameras 27 in self-contained classrooms in each attendance center. The 28 video recording system, and any recording created by the video 29 recording system, must be consistent with the requirements 30 of any applicable state and federal privacy laws, including 31 the federal Family Educational Rights and Privacy Act, U.S.C. 32 §1232g, and any regulations promulgated pursuant to that Act. 33 3. Each attendance center of the school district shall 34 operate and maintain a video camera in every self-contained 35 -1- HF 2681.3387 (2) 91 mb/jh 1/ 6 #1. #2. #3. #4.
classroom that is part of that attendance center. 1 4. a. A video camera placed in a self-contained classroom 2 must be capable of monitoring all areas of the self-contained 3 classroom except as provided in paragraph “b” . 4 b. A video camera placed in a self-contained classroom shall 5 not monitor a restroom or any other area in the self-contained 6 classroom where a student changes the student’s clothes. If a 7 student begins removing the student’s clothing in an area of 8 the classroom monitored by the video camera, school personnel 9 shall take action to stop or limit the video recording, 10 including temporarily disabling or redirecting the camera. 11 c. A video camera required by this section is not required 12 to be in operation during the time in which students are not 13 present in the self-contained classroom. 14 5. Before a school district initially places a video camera 15 in a self-contained classroom pursuant to this section, the 16 school district shall provide written notice of the placement 17 to all of the following: 18 a. The parent or legal guardian of a student who is assigned 19 to the self-contained classroom. 20 b. The school employees who are assigned to work with one or 21 more students in the self-contained classroom. 22 6. The principal of the school or other school administrator 23 whom the principal assigns as a designee shall be the custodian 24 of the video camera, all recordings generated by the video 25 camera, and access to those recordings pursuant to this 26 section. Video recorded pursuant to this section shall be 27 retained for at least ninety days after the date the video was 28 recorded. The recording shall not be deleted or otherwise made 29 irretrievable before this time period elapses. 30 7. If there is an interruption in the operation of the 31 video camera for any reason, a written explanation shall be 32 submitted to the school principal explaining the reason and 33 length for which there was no recording. The explanation shall 34 be maintained by the school principal for at least one year. 35 -2- HF 2681.3387 (2) 91 mb/jh 2/ 6
8. This section does not do any of the following: 1 a. Waive any immunity from liability of a school district or 2 employee of a school district. 3 b. Create any liability for a cause of action against a 4 school or school district or employee of a school or school 5 district. 6 c. Require the principal or other designated school 7 administrator to review a recording absent an authorized 8 request pursuant to this section or suspicion of an incident 9 except as otherwise provided in subsection 11. 10 9. A school or school district shall not use the video 11 recorded under this section for any purpose other than the 12 promotion and protection of the health, well-being, and safety 13 of students receiving special education and related services in 14 a self-contained classroom, and the protection of the health, 15 well-being, and safety of staff members administering special 16 education and related services in a self-contained classroom. 17 10. Within seven days of receiving a request from a person 18 described in this subsection to review a recording of an 19 alleged incident that has been reported to a school or school 20 district, a school or school district shall allow review of a 21 recording by: 22 a. A school or school district employee who is involved in 23 an alleged incident that is documented by the recording and has 24 been reported to the school or school district. 25 b. A parent or legal guardian of a student who is involved 26 in an alleged incident that is documented by the recording and 27 has been reported to the public school or school district. 28 c. An employee of a school or school district as part of 29 an investigation into an alleged incident that is documented 30 by the recording and has been reported to the school or school 31 district. 32 11. Within seven days of receiving a request to review a 33 recording of an alleged incident that has been reported to a 34 school or school district, a school or school district shall 35 -3- HF 2681.3387 (2) 91 mb/jh 3/ 6
allow review of a recording and comply with all subsequent 1 requests for review or release of the recording by any of the 2 following: 3 a. A law enforcement officer or employee of the department 4 of health and human services, as part of an investigation into 5 an incident that is documented by the recording and has been 6 reported to the law enforcement agency or department; provided, 7 that if a release of the recording is requested pursuant 8 to this subsection, the law enforcement agency department 9 receiving a copy of the recording shall maintain strict 10 confidentiality of the recording and not further release the 11 recording without authorization from the school district. 12 b. A judge, counsel, or other legal entity that is charged 13 with deciding or representing either the school board, 14 students, or employees in any matters related to legal issues 15 arising from an incident; provided, that the recording may 16 only be released pursuant to an appropriate protective order 17 or under seal. 18 12. a. Except as provided in subsections 10 and 11, a 19 recording made under this section is confidential and shall not 20 be released or reviewed by anyone except the school principal, 21 other school administration designee, or school district 22 designee if the school principal or other school administration 23 designee is unable to review the video recording pursuant to 24 this subsection. 25 b. It is not a violation of this subsection if a contractor 26 or other employee of a school or school district incidentally 27 reviews a recording under this section if the contractor or 28 employee of a school or school district is performing job 29 duties related to the installation, operation, or maintenance 30 of video equipment, or retention of video recordings. 31 13. If a person requests to review a recording under 32 subsection 10 or 11, the school shall retain the recording from 33 the date of the request until the later of the following: 34 a. The date the person reviews the recording or sixty 35 -4- HF 2681.3387 (2) 91 mb/jh 4/ 6
days after the school notifies the person who requested the 1 recording that the recording is available. 2 b. The completion of any investigation and any 3 administrative or legal proceedings that result from the 4 recording, including the exhaustion of all appeals. 5 14. If an incident is discovered while initially reviewing 6 a recording that requires a report to be made under section 7 232.70, that report shall be made by the reviewer pursuant to 8 that section within twenty-four hours of viewing the incident. 9 15. When a recording is under review as part of the 10 investigation of an alleged incident, and the recording reveals 11 a student violating a disciplinary code or rule of the school, 12 which violation is not related to the alleged incident for 13 which the review is occurring, and which violation is not 14 already the subject of a disciplinary action against the 15 student, the student is not subject to disciplinary action by 16 the school for such unrelated violation unless it reveals a 17 separate incident as defined in this section. 18 16. This section applies solely to cameras installed 19 pursuant to this section and does not limit the access of a 20 student’s parent or legal guardian to a recording reviewable 21 under the federal Family Educational Rights and Privacy Act, 20 22 U.S.C. §1232g, or any other law. 23 17. A school or school district shall do all of the 24 following: 25 a. Take necessary precautions to conceal the identity of a 26 student who appears in a video recording but is not involved 27 in the alleged incident documented by the video recording for 28 which the school district allows viewing under subsection 12, 29 including blurring the face of the unrelated student. 30 b. Provide procedures to protect the confidentiality of 31 student records contained in a recording in accordance with the 32 federal Family Educational Rights and Privacy Act, 20 U.S.C. 33 §1232g, or any other law. 34 18. Any aggrieved person may appeal to the state board of 35 -5- HF 2681.3387 (2) 91 mb/jh 5/ 6
education an action by a school or school district that the 1 person believes to be in violation of this section. > 2 5. By renumbering as necessary. 3 ______________________________ BODEN of Warren -6- HF 2681.3387 (2) 91 mb/jh 6/ 6 #5.