Bill Text: IA SF294 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring video and audio monitoring devices in certain areas of public schools and authorizing the expenditure of moneys received from the secure an advanced vision for education fund for installation and operation of video and audio monitoring devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-21 - Subcommittee: Sinclair, Bowman, and Chelgren. S.J. 372. [SF294 Detail]
Download: Iowa-2017-SF294-Introduced.html
Senate File 294 - Introduced SENATE FILE BY CHELGREN A BILL FOR 1 An Act requiring video and audio monitoring devices in certain 2 areas of public schools and authorizing the expenditure 3 of moneys received from the secure an advanced vision for 4 education fund for installation and operation of video and 5 audio monitoring devices. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1263XS (4) 87 md/sc PAG LIN 1 1 Section 1. NEW SECTION. 280.18 Installation and maintenance 1 2 of monitoring devices. 1 3 1. For the purposes of this section: 1 4 a. "Attendance center" means a public school building 1 5 that contains classrooms used for instructional purposes for 1 6 elementary, middle, or secondary school students. 1 7 b. "Monitoring device" means a digital video and audio 1 8 recording device that is part of a system of monitoring 1 9 activity in an area or building using a television system in 1 10 which signals are transmitted from a television camera to the 1 11 receivers by cables or wirelessly, forming a closed circuit. 1 12 c. "Public school" means a school district as described in 1 13 chapter 274. 1 14 d. "Reasonable expectation of privacy" means circumstances in 1 15 which a reasonable person would believe that the person could 1 16 disrobe or partially disrobe in privacy without being concerned 1 17 that the person disrobing or partially disrobing was being 1 18 viewed, photographed, or filmed when doing so. 1 19 e. "Student use area" means an area located inside an 1 20 attendance center where students are normally authorized to 1 21 be present during the school day including but not limited 1 22 to a classroom, gymnasium, cafeteria, library, media center, 1 23 laboratory, hallway, stairway, elevator, or common area. 1 24 "Student use area" does not include a restroom, locker room, 1 25 or any area in which a student has a reasonable expectation of 1 26 privacy. 1 27 2. In order to promote student and school employee safety 1 28 and to promote the evaluation and development of best teaching 1 29 practices, on or before July 1, 2019, the board of directors 1 30 of each public school shall install and maintain one or more 1 31 monitoring devices in each student use area located inside an 1 32 attendance center of the school district. Monitoring devices 1 33 installed under this section shall be capable of covering all 1 34 areas of the student use area. 1 35 3. Before a monitoring device is placed into service, the 2 1 school district shall provide written notice of the placement 2 2 to all school district staff working in the attendance center 2 3 and to the parents or guardians of each student assigned to the 2 4 attendance center. 2 5 4. Monitoring devices shall, at a minimum, be in operation 2 6 during the school day and during all other times when the 2 7 student use area is being used for student instruction or 2 8 activities or when students are permitted access to the student 2 9 use area. 2 10 5. The video and audio recordings from each monitoring 2 11 device are a public record and shall, at a minimum, be retained 2 12 in an electronic medium by the school district for at least 2 13 six months after the date the recording was made. However, if 2 14 the recording is part of an unresolved investigation, case, 2 15 or complaint, the recording shall be retained by the school 2 16 district for at least six months after the investigation, case, 2 17 or complaint, including all appeals, is resolved. 2 18 6. The department of education shall adopt rules relating 2 19 to the installation, operation, and maintenance of monitoring 2 20 devices under this section. 2 21 Sec. 2. Section 423F.3, subsection 1, Code 2017, is amended 2 22 by adding the following new paragraph: 2 23 NEW PARAGRAPH. 0a. For the purchase and installation 2 24 of monitoring devices that are necessary to satisfy the 2 25 requirements of section 280.18. 2 26 Sec. 3. Section 423F.3, subsection 6, Code 2017, is amended 2 27 by adding the following new paragraph: 2 28 NEW PARAGRAPH. 0c. Additionally, "school infrastructure" 2 29 includes costs associated with the purchase, installation, 2 30 operation, and maintenance of monitoring devices required under 2 31 section 280.18. 2 32 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 2 33 with section 25B.2, subsection 3, the state cost of requiring 2 34 compliance with any state mandate included in this Act shall 2 35 be paid by a school district from state school foundation aid 3 1 received by the school district under section 257.16 or from 3 2 funding sources specified in this Act. This specification of 3 3 the payment of the state cost shall be deemed to meet all of the 3 4 state funding=related requirements of section 25B.2, subsection 3 5 3, and no additional state funding shall be necessary for the 3 6 full implementation of this Act by and enforcement of this Act 3 7 against all affected school districts. 3 8 EXPLANATION 3 9 The inclusion of this explanation does not constitute agreement with 3 10 the explanation's substance by the members of the general assembly. 3 11 This bill requires public schools, on or before July 1, 3 12 2019, to install and maintain one or more monitoring devices 3 13 in each student use area located inside an attendance center 3 14 of the school district. Under the bill, a "monitoring device" 3 15 is defined as a digital video and audio recording device 3 16 that is part of a system of monitoring activity in an area 3 17 or building using a television system in which signals are 3 18 transmitted from a television camera to the receivers by cables 3 19 or wirelessly, forming a closed circuit. The bill requires 3 20 monitoring devices to be installed so that they are capable of 3 21 covering all areas of the student use area. The bill defines 3 22 "student use area" to be an area located inside an attendance 3 23 center where students are normally authorized to be present 3 24 during the school day including but not limited to a classroom, 3 25 gymnasium, cafeteria, library, media center, laboratory, 3 26 hallway, stairway, elevator, or common area. However, "student 3 27 use area" does not include a restroom, locker room, or any area 3 28 in which a student has a reasonable expectation of privacy, as 3 29 defined in the bill. 3 30 Before a monitoring device is placed into service, the 3 31 school district is required to provide written notice of 3 32 the placement to all school district staff working in the 3 33 attendance center and to the parents or guardians of each 3 34 student assigned to the attendance center. Additionally, 3 35 monitoring devices are required, at a minimum, to be in 4 1 operation during the school day and during all other times when 4 2 the student use area is being used for student instruction or 4 3 activities or when students are permitted access to the student 4 4 use area. 4 5 The bill specifies that video and audio recordings from each 4 6 monitoring device are a public record and must, at a minimum, 4 7 be retained in an electronic medium by the school district for 4 8 at least six months after the date the recording was made or 4 9 for six months after resolution of an investigation, case, or 4 10 complaint to which the recording was a part. 4 11 The bill requires the department of education to adopt rules 4 12 relating to the installation, operation, and maintenance of 4 13 monitoring devices. 4 14 Code chapter 423F establishes the purposes for which a 4 15 school district may use moneys received from the secure an 4 16 advanced vision for education (SAVE) fund. Those purposes 4 17 generally include specified school infrastructure purposes 4 18 and property tax relief. The bill specifies that "school 4 19 infrastructure" includes costs associated with the purchase, 4 20 installation, operation, and maintenance of monitoring devices 4 21 required under the bill. Additionally, for those school 4 22 districts receiving revenues from the SAVE fund without a 4 23 revenue purpose statement, the bill adds to the prioritized 4 24 list of authorized expenditures the purchase and installation 4 25 of monitoring devices required under the bill. 4 26 The bill may include a state mandate as defined in Code 4 27 section 25B.3. The bill requires that the state cost of any 4 28 state mandate included in the bill be paid by a school district 4 29 from state school foundation aid received by the school 4 30 district under Code section 257.16 or from funding received by 4 31 the school district from the SAVE fund. The specification is 4 32 deemed to constitute state compliance with any state mandate 4 33 funding=related requirements of Code section 25B.2. The 4 34 inclusion of this specification is intended to reinstate the 4 35 requirement of political subdivisions to comply with any state 5 1 mandates included in the bill. LSB 1263XS (4) 87 md/sc
