Bill Text: MS HB16 | 2015 | Regular Session | Introduced


Bill Title: School buses; mandate use of cameras on exterior and interior of for safety purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB16 Detail]

Download: Mississippi-2015-HB16-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education; Appropriations

By: Representative Martinson

House Bill 16

AN ACT TO AMEND SECTION 63-3-615, MISSISSIPPI CODE OF 1972, TO REQUIRE THE LOCAL LAW ENFORCEMENT AGENCY TO MAIL NOTICE OF THE INFRACTION TO THE REGISTERED OWNER OF THE VEHICLE WITHIN FIFTEEN DAYS OF RECEIPT OF THE REPORT OF OVERTAKING A STOPPED SCHOOL BUS; TO PRESCRIBE WHAT INFORMATION MUST BE INCLUDED IN THE CITATION MAILED TO THE REGISTERED OWNER OF THE MOTOR VEHICLE; TO PERMIT THE USE OF RECORDED IMAGES AS EVIDENCE TO PROVE A MOTOR VEHICLE WAS OPERATED IN VIOLATION OF THIS SECTION; TO ESTABLISH WHAT ACTIONS AND MATERIALS SHALL SERVE AS PRIMA FACIE EVIDENCE AND THE MANNER IN WHICH SUCH EVIDENCE MAY BE REBUTTED; TO PROVIDE AN EXEMPTION FROM THE REPORTING REQUIREMENT TO SCHOOL BUS DRIVERS OPERATING SCHOOL BUSES EQUIPPED WITH AUTOMATED SCHOOL BUS SAFETY CAMERAS; TO AMEND SECTION 37-41-59, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SCHOOL DISTRICTS TO INSTALL AND OPERATE AUTOMATED SCHOOL BUS SAFETY CAMERAS ON SCHOOL BUSES TO BE USED FOR DETECTING VIOLATIONS OF DRIVERS OVERTAKING A STOPPED SCHOOL BUS, PROVIDED THE USE OF SUCH CAMERAS IS APPROVED BY THE LOCAL SCHOOL BOARD; TO PROVIDE THAT SCHOOL DISTRICTS ARE NOT REQUIRED TO TAKE SCHOOL BUSES OUT OF SERVICE FOR THE INSTALLATION OF CAMERAS; TO PROVIDE THAT SCHOOL DISTRICTS SHALL BE HELD HARMLESS FROM ANY CRIMINAL OR CIVIL LIABILITY ARISING UNDER THE USE OF CAMERAS; TO STIPULATE THAT THE AUTOMATED SCHOOL BUS SAFETY CAMERAS MAY ONLY TAKE PICTURES OF THE VEHICLE AND VEHICLE LICENSE PLATE AND ONLY WHILE AN INFRACTION IS OCCURRING; TO PRESCRIBE THE TIME FOR WHICH NOTICE OF INFRACTION MUST BE MAILED TO THE REGISTERED OWNER OF VEHICLE IF THE INFRACTION IS RECORDED ON AN AUTOMATED SCHOOL BUS SAFETY CAMERA; TO PROVIDE THAT THE RECORDING TAKEN BY AN AUTOMATED SCHOOL BUS SAFETY CAMERA IS NOT A PUBLIC RECORD AND MAY NOT BE USED IN COURT IN A PENDING ACTION OR PROCEEDING UNLESS SUCH COURT ACTION RELATES TO THE VIOLATION OF OVERTAKING A STOPPED SCHOOL BUS; TO REQUIRE SCHOOL DISTRICTS WHICH INSTALL AND OPERATE AUTOMATED SCHOOL BUS SAFETY CAMERAS TO COMPENSATE THE MANUFACTURER OR VENDOR OF THE EQUIPMENT BASED ONLY ON VALUE OF THE EQUIPMENT AND SERVICES PROVIDED IN SUPPORT OF OPERATING AND MAINTAINING THE SYSTEM; TO REQUIRE ANY REPAIR, REPLACEMENT OR ADMINISTRATIVE WORKS COST ASSOCIATED WITH THE INSTALLATION AND OPERATION OF THE CAMERAS TO BE PAID FOR SOLELY BY THE MANUFACTURER OR VENDOR; TO REQUIRE SCHOOL DISTRICTS TO ADHERE TO PUBLIC PURCHASE BID LAW REQUIREMENTS BEFORE CONTRACTING WITH A MANUFACTURER OR VENDOR OF THE EQUIPMENT; TO PROVIDE FOR THE DISTRIBUTION OF FUNDS GENERATED FROM THE COLLECTION OF VIOLATION TO CERTAIN ENTITIES; TO PROVIDE THAT REVENUE ALLOCATED TO SCHOOL DISTRICTS FOR SUCH INFRACTIONS MAY BE USED TO CONDUCT A STUDY ON THE FEASIBILITY AND NECESSITY OF INSTALLING SEATBELTS ON ALL SCHOOL BUSES IN THE DISTRICT; TO PRESCRIBE THE MANNER IN WHICH CITATIONS FOR VIOLATIONS OF THIS ACT ARE TO BE ADDRESSED WHEN THE VEHICLE IS DETERMINED TO BE A RENTAL VEHICLE; TO DEFINE THE TERM "AN AUTOMATED SCHOOL BUS SAFETY CAMERA"; TO REQUIRE THE STATE SUPERINTENDENT OF PUBLIC EDUCATION, IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION TO PROMULGATE RULES AND REGULATIONS TO REQUIRE LOCAL SCHOOL BOARDS TO PROVIDE FOR THE INSTALLATION AND USE OF ON-BOARD SCHOOL BUS MONITORING SYSTEMS ON EVERY SCHOOL BUS USED FOR THE TRANSPORTATION OF PUPILS ENROLLED IN THE SCHOOL DISTRICT; TO PRESCRIBE THE REQUIREMENTS OF THE POLICIES AND PROCEDURES TO BE PROMULGATED BY SCHOOL BOARDS FOR THE USE OF ON-BOARD SCHOOL BUS MONITORING SYSTEMS; TO REQUIRE THE SCHOOL DISTRICT TO NOTIFY SCHOOL BUS DRIVERS, PUPILS AND PUPILS' PARENTS THAT THEY ARE SUBJECT TO BEING VIDEOTAPED ON A SCHOOL BUS AT ANY TIME; TO PRESCRIBE THE MANNER IN WHICH NOTIFICATION MUST BE GIVEN AND THE INFORMATION CONCERNING DRIVER AND PUPIL CONDUCT TO BE INCLUDED; TO PROVIDE THAT THE RECORDINGS TAKEN BY AN ON-BOARD SCHOOL BUS MONITORING SYSTEM SHALL BE CONFIDENTIAL; TO REQUIRE THE LOCAL SCHOOL BOARD TO DESIGNATE ADMINISTRATIVE PERSONNEL TO PERIODICALLY REVIEW VIDEOTAPES ON A RANDOM BASIS TO ENSURE PROPER DRIVER AND PUPIL CONDUCT; TO AMEND SECTION 37-15-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-3-615, Mississippi Code of 1972, is amended as follows:

     63-3-615.  (1)  (a)  The driver of a vehicle upon a street or highway upon meeting or overtaking any school bus that has stopped on the street or highway for the purpose of receiving or discharging any school children shall come to a complete stop at least ten (10) feet from the school bus before reaching the school bus when there is in operation on the school bus the flashing red lights provided in Section 63-7-23, or when a retractable, hand-operated stop sign is extended; the driver shall not proceed until the children have crossed the street or highway and the school bus has resumed motion or the flashing red lights are no longer actuated and the hand-operated stop sign is retracted.

          (b)  The driver of a vehicle upon a highway that has four (4) lanes or more, whether or not there is a median or turn lane, need not stop upon meeting or passing a school bus that is on a different roadway or when upon a controlled-access highway if the school bus is stopped in a loading zone that is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.

     (2)  (a)  Except as provided in paragraph (b), any person violating the provisions of subsection (1) of this section shall be guilty of a misdemeanor and upon a first conviction thereof shall be fined not less than Three Hundred Fifty Dollars ($350.00) nor more than Seven Hundred Fifty Dollars ($750.00), or imprisoned for not more than one (1) year, or both.  For a second or subsequent offense, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Seven Hundred Fifty Dollars ($750.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), or imprisoned for not more than one (1) year, or both.  In addition, the Commissioner of Public Safety or his duly authorized designee, after conviction for a second or subsequent offense and upon receipt of the court abstract, shall suspend the driver's license and driving privileges of the person for a period of ninety (90) days.

          (b)  A conviction under this section for a violation resulting in any injury to a child who is in the process of boarding or exiting a school bus shall be a violation of Section 97-3-7, and a violator shall be punished under subsection (2) of that section.

     (3)  This section shall be applicable only in the event the school bus shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than four (4) inches in height.

     (4)  If the driver of any vehicle is witnessed by a law enforcement officer or the driver of a school bus to have violated this section and the identity of the driver of the vehicle is not otherwise apparent, it shall be a rebuttable inference that the person in whose name the vehicle is registered committed the violation.  If charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners.  If the vehicle that is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the inference of guilt by providing the law enforcement officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.

     (5)  Whether a violation of this section is recorded manually by the school bus driver or by an automated school bus safety camera authorized under Section 37-41-59, the law enforcement agency authorized to enforce the provisions of this act shall send by regular mail, addressed to the owner of the motor vehicle, postmarked not later than the statutory period prescribed under this section or Section 37-41-59, the following:

          (a)  A citation for the alleged violation, which shall include the date and time of the violation, the location of the infraction, the amount of the monetary penalty imposed, and the date by which the monetary penalty shall be paid;

          (b)  An image taken from the recorded image showing the vehicle involved in the infraction, if taken by an automated school bus safety camera;

          (c)  A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce the provisions of this act and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of subsection (1) of this section and that such disregard or disobedience was not otherwise authorized by law;

          (d)  A statement of the inference provided by subsection (4) of this section and of the means specified therein by which such inference may be rebutted;

          (e)  Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and

          (f)  A warning that failure to pay the monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a monetary penalty.

     (6)  Proof that a motor vehicle was operated in disregard or disobedience of subsection (1) of this section may be evidenced by recorded images.  A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of subsection (1) of this section and that such disregard or disobedience was not otherwise authorized by law shall be prima facie evidence of the facts contained therein; and

     (7)  Liability under this subsection shall be determined based upon preponderance of the evidence.  Prima facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (1) of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation.  Such an inference may be rebutted if the owner of the vehicle:

          (a)  Testifies under oath in open court or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation and identifies the name of the operator of the vehicle at the time of the alleged violation; or

          (b)  Presents to the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation.

     SECTION 2.  Section 37-41-59, Mississippi Code of 1972, is amended as follows:

     37-41-59.  (1)  (a)  Every school district is authorized to  * * * mount install and operate automated school bus safety cameras on any retractable, hand-operated stop sign that is a part of the equipment of a school bus to be used for the detection of violations of Section 63-3-615 if the use of the cameras are approved by a vote of the local school board.  School districts are not required to take school buses out of service if the buses are not equipped with automated school bus safety cameras or functional automated safety cameras.  Further, school districts shall be held harmless from and not liable for any criminal or civil liability arising under the provisions of this section.

          (b)  Automated school bus safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring.  The picture must not reveal the face of the driver or of passengers in the vehicle.

          (c)  Except as otherwise provided in Section 63-3-615(5), a notice of infraction must be mailed to the registered owner of the vehicle within fourteen (14) days of the violation, or to the renter of a vehicle within fourteen (14) days of establishing the renter's name and address under subsection (2)(a)(i) of this section.  The law enforcement officer issuing the notice of infraction shall include a certificate or facsimile of the notice, based upon inspection of photographs, microphotographs, or electronic images produced by an automated school bus safety camera, stating the facts supporting the notice of infraction.  This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter.  The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction.  A person receiving a notice of infraction based on evidence detected by an automated school bus safety camera may respond to the notice by mail.

          (d)  The registered owner of a vehicle is responsible for an infraction unless the registered owner overcomes the presumption in Section 63-3-615(7) or Section 3 of this act, or, in the case of a rental car business, satisfies the conditions under subsection (2) of this section.  If appropriate under the circumstances, a renter identified under subsection (2)(a)(i) of this section is responsible for an infraction.

          (e)  Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section or Section 63-3-615.  No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.  Only law enforcement officers having jurisdiction in the school district wherein a violation occurred shall be authorized to review evidence from a camera and make a determination as to whether a violation of Section 63-3-615 has occurred.  At least once every twenty-four (24) hours, all recorded images from the cameras that are received, obtained, gathered or stored by the school district or automated school bus safety camera vendor, as applicable, shall be downloaded and exported or transmitted by electronic means directly to the appropriate law enforcement agency.  This exporting or transmittal of the images shall be in a version agreed to by the local law enforcement agency, the school district and, if applicable, the automated school bus safety camera vendor.  In addition to, or in lieu of, exporting or transmitting images to the law enforcement agencies, the law enforcement agencies may be provided real time access to the cameras free of charge.  Notices of violations or citations shall be sent in accordance with Section 63-3-615 unless otherwise provided in this section to the registered owner of the vehicle that was captured by the camera.

          (f)  If a school district installs and operates an automated school bus safety camera under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.  Further, any repair, replacement, or administrative work costs related to installing or repairing automated school bus safety cameras must be paid for solely by the manufacturer or vendor of the cameras.  Before entering into a contract with the manufacturer or vendor of the equipment used under this subsection, the school district must follow the competitive bid process as outlined in Section 31-7-13.

          (g)  Any revenue collected from infractions detected through the use of automated school bus safety cameras, less the administration and operating costs of the cameras, shall be allocated as follows: 

              (i)  Seventy percent (70%) to the school district to be remitted to the automated school bus safety camera vendor for the purpose of defraying the costs of purchasing, installing, operating, or maintaining the camera, or reimbursing or compensating the vendor with which the school district contracted regarding the purchase, installation, operation or maintenance of the camera;

              (ii)  Twenty percent (20%) to the chief law enforcement officer for the county or municipality in which the violation occurred to be used for the purpose of school safety;

              (iii)  Five percent (5%) to the school district for the sole purpose of defraying the costs of implementing and administering this section (c); and

              (iv)  Five percent (5%) to the State General Fund without being designated for any particular purpose.

Any revenue allocated to the school district from infractions detected through the use of automated school bus safety cameras shall be used by the school district to conduct a study on the feasibility and necessity of installing seatbelts on all school buses in the district.

     (2)  (a)  If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within fourteen (14) days of receiving the written notice, provide to the issuing agency by return mail:

              (i)  A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred;

              (ii)  A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction.  A statement provided under this subparagraph must be accompanied by a copy of a filed police report regarding the vehicle theft; or

              (iii)  In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.

          (b)  Timely mailing of a statement under this subsection to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.

     (3)  For purposes of this section, "automated school bus safety camera" means a device that is affixed to a school bus that is synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a vehicle at the time the vehicle is detected for an infraction identified in Section 63-3-615.

     (4)  Any school district that contracts for transportation services with any persons or entities that own school buses, shall include in each contract a provision requiring the owner to allow the school district, automated school bus safety camera vendor or local law enforcement agency reasonable access to the bus for the purposes of installing, maintaining, or inspecting cameras or obtaining, gathering or transmitting recorded images from the cameras to enforce violations of this section.

     (5)  Each school district shall report the following data on a monthly basis to the State Department of Education:

          (a)  The total number of school buses on which cameras have been installed;

          (b)  The total number of citations issued;

          (c)  The number of those violations paid; and

          (d)  The total amount of proceeds collected.

     (6)  Each school district shall include in any contract with an automated school bus safety camera vendor a provision that the vendor be required to submit, on a monthly basis, a report to the school district that includes the data required by subsection (5).  The State Department of Education shall submit to the Department of Public Safety the data reported by school districts under subsection (5).  On or before February 1 of each year, the State Department of Education, in consultation with the Department of Public Safety, shall submit to the Governor and the Legislature, a summary of the data and any findings and recommendations.  The State Department of Education, in consultation with the Department of Public Safety, may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in Chapter 43, Title 25, Mississippi Code of 1972, to implement this section, including specifications or standards governing the installation of the cameras.

     SECTION 3.  (1)  In a traffic infraction case involving an infraction detected through the use of an automated school bus safety camera under Section 63-3-615 or detected through the use of an automated school bus safety camera under Section 37-41-59, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of Section 63-3-615 and Section 37-41-59, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.

     (2)  This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

      SECTION 4.  (1)  The State Superintendent of Public Education, in consultation with the Commissioner of Transportation, shall promulgate rules and regulations to require the local school board of every school district in the state to provide for the installation and use of one or more school bus video monitoring systems, as defined in subsection (4) of this section, on every school bus, as defined in Section 63-3-103, that is purchased, leased, contracted for or used for the transportation of enrolled pupils for any reason by the school district or by a school within the district.
      (2)  The commissioner's rules and regulations shall require school districts to promulgate, communicate and enforce policies and procedures to be followed when using on-board video monitoring systems.  Such policies and procedures shall include at a minimum, and shall be consistent with, the following requirements:

            (a)  Video cameras on school buses shall be used only as an aid to monitor on-board activities.  These devices shall not  replace discipline policy, the authority of the driver, or the responsibility of school officials.  The code of conduct for pupil behavior on school property, adopted pursuant to Section 37-11-55, as it relates to conduct on school buses, and all other safe-driving and safe-riding rules, regulations, policies and procedures of the district or required by law or by the commissioner consistent with law shall be enforced on school buses whether or not pupils are being transported on such buses at the time conduct by a school bus driver or passenger while on-board the bus is observed.  Video monitoring systems used upon public school buses shall only be used during the regular transport of students to and from school and home on the regular bus route in the district's transportation plan.  Video monitoring systems shall not be used upon a school bus while transporting students to and from extracurricular school events or field trips.  The school district shall monitor each school bus equipped with a video monitoring system, and shall render the system inoperable outside of regular bus transportation routes.

            (b)  All pupils and all school bus drivers shall be notified that they are subject to being videotaped on a school  bus at any time.  The notification shall be made by the school district to the parents of all enrolled pupils.  Before actual videotaping, drivers, parents and pupils must be advised what driver conduct and what pupil conduct is prohibited by the state and by the school district and that such conduct will result in specified disciplinary consequences as defined in the established discipline policy.  Actual videotaping shall be by means of simultaneous audio and video recording.

            (c)  Regular and periodic notifications regarding  videotaping must occur, addressing the purpose and use of video equipment and the need for personal awareness of safety issues.  These notifications shall be made to guard against a false sense of security.  The use of newsletters, pupil handouts and notices posted within the bus shall constitute means of fulfilling this requirement.

            (d)  After videotaping has been conducted, the tapes shall be stored in a secure location for a period of time designated by district policy, except that a specific tape may be removed from storage for playback whenever it is needed in an ongoing legal action or proceeding.

      (3)  Recordings taken by school bus video monitoring systems are confidential student information under the provisions of Section 37-15-3.    The local school board of every school district shall designate one or more administrative personnel employed by the district or by every school within the district to periodically review videotapes on a random basis to ensure proper driver and pupil conduct.  If no misconduct or safety-related incidents are reported within a period defined by the policy of the district, the tapes may be recycled for future use.  However, if misconduct or safety-related incidents are reported, or if any such incident is viewed during the random selection process, the tapes shall be stored until final resolution or until such time as any administrative appeal or legal action or proceeding is concluded.

      (4)  For purposes of this section, the term "school bus video monitoring system" means one or more electronic devices consisting of at least a video camera and microphone and video-taping and audio-taping equipment, installed on a school bus and capable of recording the conduct and movement of persons within the driver and passenger compartment of the bus.

     SECTION 5.  Section 37-15-3, Mississippi Code of 1972, is amended as follows:

     37-15-3.  (1)  Such cumulative folders as are provided for in Section 37-15-1 shall be kept in the school wherein the pupils are in attendance.  Both the permanent records and the cumulative folders shall be available to school officials, including teachers within the school district who have been determined by the school district to have legitimate educational interests.  In no case, however, shall such records be available to the general public.  Transcripts of courses and grades may be furnished when requested by the parent or guardian or eligible pupil as prescribed in the Family Educational Rights and Privacy Act of 1974, as amended, 20 USCS Section 1232.  Such records shall be kept for each pupil throughout his entire public school enrollment period.  In the event a pupil transfers to a public school, including a charter school, then the cumulative folder shall be furnished to the head of the school to which the pupil transfers; if a pupil transfers to a private school, then a copy of the cumulative folder shall be furnished to the head of the school to which the pupil transfers.  The permanent record shall be kept permanently by the school district from which the pupil transferred.

     (2)  At no time may a permanent record of a student be destroyed, but cumulative folders may be destroyed by order of the school board of the school district in not less than five (5) years after the permanent record of the pupil has become inactive and has been transferred to the central depository of the district.  Provided, however, that where a school district makes complete copies of inactive permanent records on photographic film, microfilm, or any other acceptable form of medium for storage which may be reproduced as needed, such permanent records may be destroyed after the photographic film or microfilm copy has been stored in the central depository of the district.

     (3)  (a)  The recordings taken by school bus video monitoring systems authorized under Section 4 of this act shall remain confidential in nature and may only be viewed by authorized school district administrative personnel, contractor staff and appropriate law enforcement agencies.

          (b)  Since the school bus video monitoring system captures images of all students on the school bus, recordings taken shall not be shown to parents unless image distortion capability are enabled to protect the privacy and identity of other students not subject to disciplinary action.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2015.


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