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
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#1.
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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.
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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
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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
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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
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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
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#5.