CHAPTER 5.00 - STUDENTS

5.61 Audio-Visual Recording of Self-Contained ESE Classrooms

AUDIO-VISUAL RECORDING OF SELF-CONTAINED ESE CLASSROOMS TO PROMOTE THE HEALTH SAFETY AND PHYSICAL WELL-BEING OF STUDENTS OF STUDENTS IN A SELF-CONTAINED EXCEPTIONAL STUDENT EDUCATION (ESE)

CLASSROOM.

I. Definitions:

A. "Incident" means an event, a circumstance, an act, or an omission that results in the abuse or neglect of a student by an employee of a public school or school district, or another student.

B. "Self-contained classroom" means a classroom at a public school in which a majority of the students in regular attendance are provided special education services and are assigned to one or more such classrooms for at least 50 percent of the instructional day.

II. The School Board shall place and activate a classroom camera with audio-visual capabilities in a district PreK-12 self-contained ESE classroom when all parents of the students in the classroom have provided written consent for audio and video recording. An audio-visual camera placed in a self-contained classroom must be capable of all of the following:

A. View and make a video recording of all areas of the self-contained classroom, including any room attached to the self-contained classroom that is used for other purposes.

B. Including, without limitation, any room attached to the self-contained classroom which is used for other purposes.

C. An audio-visual camera placed in a self-contained classroom must not view or record a restroom or any other area in which the students' right to personal privacy must be protected, namely, restrooms and areas where students change their clothes or undergo diapering and personal care.

D. An audio-visual camera placed in a self-contained classroom must remain operational throughout the school day.

1. If there is an interruption in the operation of the audio-visual camera for any reason, an explanation must be submitted in writing to the school principal and the district school board which explains the reason for and duration of the interruption.

III. Before an audio-visual camera is activated in a self-contained classroom, the parent of each student assigned to the self-contained classroom must provide:

1. Written consent through the Policy 5.61 Parent Consent form. The school shall provide written notice of the activation of such audio-visual camera to all of the following:

a. The parent of each student who is assigned to the self-contained classroom.

b. Each student who is assigned to the self-contained classroom.

c. Each school employee who is assigned to work with one or more students in the self-contained classroom.

2. A school shall:

a. Retain audio-visual recordings from an audio-visual camera placed pursuant to this policy for 30 days after the date the video was recorded, after which the recording shall be deleted or otherwise made unretrievable; or

b. Retain the recording until the conclusion of any investigation or any administrative or legal proceedings arising from the recording, or for the period required by the applicable Florida records retention schedule pertaining to Exceptional Student Education records.

3. A school must not:

a. Allow regular, continuous, or continual monitoring of video recorded under this policy; or

b. Use video recorded under this policy for teacher evaluations or any purpose other than to promote the health, safety, and physical well-being of students receiving special education services in a self-contained classroom.

IV. The principal of the school is the custodian of an audio-visual camera operated pursuant to this policy, all recordings generated by that audio-visual camera, and access to such recordings.

A. The release or viewing of any video recording under this section must comply with s.1002.22, Florida Statutes.

1. A school or school district shall conceal the identity of any student who appears in a video recording but is not involved in the alleged incident documented by the video recording, which the school allows to be viewed under Section IV., by blurring the face of the uninvolved student(s).

2. The faces of staff are not to be concealed or blurred and audio shall not be modified or muted.

B. The Principal must protect the confidentiality of all student personally identifiable information contained in an audio-visual recording in accordance with s. 1002.22, Florida Statutes.

V. Within 7 school days after receiving a request to view an audio-visual recording, the school shall allow the following individuals to view a video recording made under this policy based on an alleged incident:

A. A school or school district employee who is involved in an alleged incident that is documented by the audio-visual recording as part of the investigative process;

B. A parent of a student who is involved in an alleged incident that is documented by the audio-visual recording and has been reported to the school or school district subject to the following requirements;

1. Completion of the Request to View Audio-Visual Recording Form within 30 calendar days of the date of the alleged incident, exclusive of school holidays, describing the alleged incident that is the subject of the request;

2. Parental review of the alleged incident may include up to 30 minutes before and after the alleged incident.

3. The video record made available to the parent will become an educational record of the student.

C. A parent of a student who is involved in an alleged incident that is documented by the audio-visual recording and has been reported to the school or school district subject to the following requirements;

2. Parental review of the alleged incident may include up to 30 minutes before and after the alleged incident.

3. The video record made available to the parent will become an educational record of the student.

D. A school or school district employee as part of an investigation into an alleged incident that is documented by the video recording and has been reported to the school or school district;

E. A law enforcement officer as part of an investigation into an alleged incident that is documented by the video recording and has been reported to the law enforcement agency; or

F. The Department of Children and Families as part of a child abuse or neglect investigation.

G. A person who requests to view a recording of an alleged incident shall make himself or herself available for viewing the recording within 30 calendar days, exclusive of school holidays, after the footage has been redacted in accordance with s. 1002.22, Florida Statutes.

H. A mandatory reporter under Chapter 39, Florida Statute, who views the recording and suspects that child abuse has occurred must report the suspected child abuse to the Department of Children and Families.

VI. A school or the school district does not violate Rule III.A. if a contractor or other employee of the school or school district incidentally views an audio-visual recording made under this policy in connection with the performance of his or her duties

related to either of the following:

A. The installation, operation, or maintenance of video equipment; or

B. The retention of video recordings.

VII. This policy does not:

A. Limit the access of the parent of a student, under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.1232g, or any other law, to a video recording regarding his or her student.

B. Waive any immunity from liability of a school district or an employee of a school district.

C. Create an independent cause of action or liability against a school or school district or an employee of a school or school district carrying out the duties and responsibilities required by this policy.

D. Apply to self-contained classrooms in which the only students receiving special education services are those who have been deemed gifted.

Policy Custodian: Exceptional Student Education

STATUTORY AUTHORITY: F.S. §§ 120.52(6), 120.54, 120.81(1)(a), 1001.41(1) and (2); 1001.42; 1014.

History: Adopted: April 7, 2026

Revision Date(s):

Formerly: New

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