Senate File 294 - Introduced SENATE FILE 294 BY CHELGREN A BILL FOR An Act requiring video and audio monitoring devices in certain 1 areas of public schools and authorizing the expenditure 2 of moneys received from the secure an advanced vision for 3 education fund for installation and operation of video and 4 audio monitoring devices. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1263XS (4) 87 md/sc

S.F. 294 Section 1. NEW SECTION . 280.18 Installation and maintenance 1 of monitoring devices. 2 1. For the purposes of this section: 3 a. “Attendance center” means a public school building 4 that contains classrooms used for instructional purposes for 5 elementary, middle, or secondary school students. 6 b. “Monitoring device” means a digital video and audio 7 recording device that is part of a system of monitoring 8 activity in an area or building using a television system in 9 which signals are transmitted from a television camera to the 10 receivers by cables or wirelessly, forming a closed circuit. 11 c. “Public school” means a school district as described in 12 chapter 274. 13 d. “Reasonable expectation of privacy” means circumstances in 14 which a reasonable person would believe that the person could 15 disrobe or partially disrobe in privacy without being concerned 16 that the person disrobing or partially disrobing was being 17 viewed, photographed, or filmed when doing so. 18 e. “Student use area” means an area located inside an 19 attendance center where students are normally authorized to 20 be present during the school day including but not limited 21 to a classroom, gymnasium, cafeteria, library, media center, 22 laboratory, hallway, stairway, elevator, or common area. 23 “Student use area” does not include a restroom, locker room, 24 or any area in which a student has a reasonable expectation of 25 privacy. 26 2. In order to promote student and school employee safety 27 and to promote the evaluation and development of best teaching 28 practices, on or before July 1, 2019, the board of directors 29 of each public school shall install and maintain one or more 30 monitoring devices in each student use area located inside an 31 attendance center of the school district. Monitoring devices 32 installed under this section shall be capable of covering all 33 areas of the student use area. 34 3. Before a monitoring device is placed into service, the 35 -1- LSB 1263XS (4) 87 md/sc 1/ 5

S.F. 294 school district shall provide written notice of the placement 1 to all school district staff working in the attendance center 2 and to the parents or guardians of each student assigned to the 3 attendance center. 4 4. Monitoring devices shall, at a minimum, be in operation 5 during the school day and during all other times when the 6 student use area is being used for student instruction or 7 activities or when students are permitted access to the student 8 use area. 9 5. The video and audio recordings from each monitoring 10 device are a public record and shall, at a minimum, be retained 11 in an electronic medium by the school district for at least 12 six months after the date the recording was made. However, if 13 the recording is part of an unresolved investigation, case, 14 or complaint, the recording shall be retained by the school 15 district for at least six months after the investigation, case, 16 or complaint, including all appeals, is resolved. 17 6. The department of education shall adopt rules relating 18 to the installation, operation, and maintenance of monitoring 19 devices under this section. 20 Sec. 2. Section 423F.3, subsection 1, Code 2017, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . 0a. For the purchase and installation 23 of monitoring devices that are necessary to satisfy the 24 requirements of section 280.18. 25 Sec. 3. Section 423F.3, subsection 6, Code 2017, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . 0c. Additionally, “school infrastructure” 28 includes costs associated with the purchase, installation, 29 operation, and maintenance of monitoring devices required under 30 section 280.18. 31 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 32 with section 25B.2, subsection 3, the state cost of requiring 33 compliance with any state mandate included in this Act shall 34 be paid by a school district from state school foundation aid 35 -2- LSB 1263XS (4) 87 md/sc 2/ 5

S.F. 294 received by the school district under section 257.16 or from 1 funding sources specified in this Act. This specification of 2 the payment of the state cost shall be deemed to meet all of the 3 state funding-related requirements of section 25B.2, subsection 4 3, and no additional state funding shall be necessary for the 5 full implementation of this Act by and enforcement of this Act 6 against all affected school districts. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill requires public schools, on or before July 1, 11 2019, to install and maintain one or more monitoring devices 12 in each student use area located inside an attendance center 13 of the school district. Under the bill, a “monitoring device” 14 is defined as a digital video and audio recording device 15 that is part of a system of monitoring activity in an area 16 or building using a television system in which signals are 17 transmitted from a television camera to the receivers by cables 18 or wirelessly, forming a closed circuit. The bill requires 19 monitoring devices to be installed so that they are capable of 20 covering all areas of the student use area. The bill defines 21 “student use area” to be an area located inside an attendance 22 center where students are normally authorized to be present 23 during the school day including but not limited to a classroom, 24 gymnasium, cafeteria, library, media center, laboratory, 25 hallway, stairway, elevator, or common area. However, “student 26 use area” does not include a restroom, locker room, or any area 27 in which a student has a reasonable expectation of privacy, as 28 defined in the bill. 29 Before a monitoring device is placed into service, the 30 school district is required to provide written notice of 31 the placement to all school district staff working in the 32 attendance center and to the parents or guardians of each 33 student assigned to the attendance center. Additionally, 34 monitoring devices are required, at a minimum, to be in 35 -3- LSB 1263XS (4) 87 md/sc 3/ 5

S.F. 294 operation during the school day and during all other times when 1 the student use area is being used for student instruction or 2 activities or when students are permitted access to the student 3 use area. 4 The bill specifies that video and audio recordings from each 5 monitoring device are a public record and must, at a minimum, 6 be retained in an electronic medium by the school district for 7 at least six months after the date the recording was made or 8 for six months after resolution of an investigation, case, or 9 complaint to which the recording was a part. 10 The bill requires the department of education to adopt rules 11 relating to the installation, operation, and maintenance of 12 monitoring devices. 13 Code chapter 423F establishes the purposes for which a 14 school district may use moneys received from the secure an 15 advanced vision for education (SAVE) fund. Those purposes 16 generally include specified school infrastructure purposes 17 and property tax relief. The bill specifies that “school 18 infrastructure” includes costs associated with the purchase, 19 installation, operation, and maintenance of monitoring devices 20 required under the bill. Additionally, for those school 21 districts receiving revenues from the SAVE fund without a 22 revenue purpose statement, the bill adds to the prioritized 23 list of authorized expenditures the purchase and installation 24 of monitoring devices required under the bill. 25 The bill may include a state mandate as defined in Code 26 section 25B.3. The bill requires that the state cost of any 27 state mandate included in the bill be paid by a school district 28 from state school foundation aid received by the school 29 district under Code section 257.16 or from funding received by 30 the school district from the SAVE fund. The specification is 31 deemed to constitute state compliance with any state mandate 32 funding-related requirements of Code section 25B.2. The 33 inclusion of this specification is intended to reinstate the 34 requirement of political subdivisions to comply with any state 35 -4- LSB 1263XS (4) 87 md/sc 4/ 5

S.F. 294 mandates included in the bill. 1 -5- LSB 1263XS (4) 87 md/sc 5/ 5