H-8211

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

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BODEN of Warren