House Bill 790

AN ACT TO REQUIRE PUBLIC SCHOOL DISTRICTS AND POSTSECONDARY EDUCATIONAL INSTITUTIONS TO INSTALL VIDEO SURVEILLANCE CAMERAS EQUIPPED WITH AUDIO RECEPTION TECHNOLOGY IN CERTAIN AREAS OF SCHOOLS FOR THE SAFETY AND EDUCATION OF STUDENTS; TO REQUIRE NOTICE TO BE PROVIDED TO PARENTS BEFORE THE INSTALLATION AND USE OF THE CAMERAS; TO PRESCRIBE THE MINIMUM SPECIFICATION FOR THE TYPE OF SURVEILLANCE CAMERAS TO BE USED; TO PROVIDE THAT SURVEILLANCE FOOTAGE SHALL BE MAINTAINED FOR 90 DAYS UNLESS AN EXCEPTION APPLIES FOR EXTENDED RETENTION; TO SPECIFY THE CONDITIONS FOR WHICH EXTENDED RETENTION OF SURVEILLANCE FOOTAGE IS REQUIRED; TO REQUIRE CLASSROOM VIDEO SURVEILLANCE CAMERAS TO ONLY BE USED FOR PURPOSES OF MONITORING CLASSROOM INSTRUCTION, MONITORING CLASSROOM INTERACTIONS AND TEACHER OBSERVATION; TO PROHIBIT THE USE OF SURVEILLANCE FOOTAGE FOR MARKETING PURPOSES; TO LIMIT VIEWING ACCESS OF RECORDED SURVEILLANCE TO CERTAIN PERSONNEL OF THE SCHOOL DISTRICT OR POSTSECONDARY EDUCATIONAL INSTITUTION; TO REQUIRE SCHOOL DISTRICTS AND POSTSECONDARY EDUCATIONAL INSTITUTIONS TO ESTABLISH PROCEDURES AND REGULATIONS GOVERNING ACCESS AND REVIEW OF SURVEILLANCE FOOTAGE; TO REQUIRE THE PROTECTION OF THE PRIVACY AND IDENTITY OF STUDENTS CAPTURED IN THE SURVEILLANCE WHO ARE NOT THE SUBJECT OF INCIDENTS GIVING RISE TO A PARENT'S REQUEST FOR REVIEW, OR ANY INVESTIGATION OR LITIGATION; TO AUTHORIZE SCHOOL DISTRICT AND POSTSECONDARY EDUCATIONAL INSTITUTIONS TO CONTRACT WITH ANY COMPANY OR INDIVIDUAL TO PROVIDE SURVEILLANCE MONITORING SERVICE; TO BRING FORWARD SECTION 37-3-83, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) Each local public school district and public postsecondary educational institution shall install video surveillance cameras, equipped with audio reception technology, into each classroom of all school facilities under their respective authority, which provide daily instruction, as well as in the auditorium, gymnasium, interior corridors, cafeteria, designated recreational activity areas and on the exterior parameters of each such school facility. Additionally, each point of access that allows for the entry and exit of individuals shall also be under video surveillance. Surveillance cameras installed within such school facilities shall only be installed in areas where there is no reasonable expectation of privacy, and shall be accompanied by signage indicating the use of such cameras within and on the premises of such facilities.

(b) Before the installation of surveillance cameras, and prior to the beginning of each scholastic year during which such surveillance cameras will be operated in a school facility, the appropriate school administrations shall inform parents of the installation and use of such cameras on school premises to assist in the safety and education of the students enrolled therein.

(i) Video monitoring coverage of the entire classroom surveillance area, to the extent practical;

(ii) Twenty-four-hour real-time observation;

(iii) Remote management and access;

(iv) Cloud backup of recorded surveillance; and (v) Permission-based access, which can be granted to the parents of enrolled students during the regular operational and instructional hours of the school or postsecondary educational institution.

(2) Any surveillance footage captured shall be retained by the school or postsecondary educational institution for ninety (90) days from the date of the original recording, after which the recording shall be deleted or made unretrievable, except as otherwise provided in subsection (4)(c).

(3) Classroom video surveillance cameras shall only be used for purposes of monitoring classroom instruction, monitoring classroom interactions and teacher observation, and review of recorded material shall only be for such purposes, except as provided in subsection (4), at the written request of the parent or guardian of a child with respect to a specific incident in which the parent's child was involved, or pursuant to the subpoena of a court of competent jurisdiction. Recorded material, including identity of students or demographics of students, shall not be used for marketing purposes.

(4) (a) The surveillance footage and audio shall only be viewable, respectively, by the local school board, the school district superintendent, the principal and licensed personnel in the school building where the equipment is installed, the president and dean of students of the postsecondary educational institution, the board of trustees with jurisdiction over the postsecondary educational institution, and any faculty of the postsecondary educational institution in whose presence the incident captured on surveillance footage took place.

(b) In the event of an incident involving an enrolled student that warrants the disclosure of the video surveillance for disciplinary, investigative or litigation purposes, schools and postsecondary educational institutions shall adopt procedures and requirements to protect the confidentiality and privacy of all student records contained in the videos recorded from the surveillance cameras in accordance with the federal Family Educational Rights and Privacy Act (FERPA) and the identity of any student not involved in the incident giving rise to the disciplinary action, investigation or litigation for which the surveillance of an alleged incident is being sought. In developing its procedures, schools and postsecondary educational institutions shall:

(i) Determine what acts or conduct are violations of school or legal standards when committed by a student that are of interest to the school or postsecondary educational institution which necessitate the retention of the surveillance footage of an alleged incident;

(ii) Determine whether video surveillance footage belongs in the education record of any one (1) or several students involved in the alleged incident; and

(iii) Determine who has access to video surveillance footage depicting multiple students in a manner consistent with a parent's right of access under FERPA, provided that:

1. If the school or postsecondary educational institution obtains prior written consent from the parents from all the other students depicted in the surveillance footage, then all of the parents may receive a copy of the surveillance footage;

2. In the absence of parental consent, an administrator of the school or postsecondary educational institution may allow a parent to watch the segment of the video depicting his/her child, even if the parent sees other students; or

3. In the absence of parental consent, an administrator of the school or postsecondary educational institution may inform the parent about the contents of the video recording.

(c) Upon the receipt of a written request of a parent of a child enrolled at the school or postsecondary educational institution to review surveillance footage, or pursuant to the subpoena of a court of competent jurisdiction, the school or postsecondary educational institution in possession of the video surveillance depicting the alleged incident under review shall have seven (7) days to respond to such request or subpoena. At such time, the school or postsecondary educational institution shall retain the surveillance footage from the date of the request is received until:

(i) The parent submitting the request for review has viewed the surveillance footage, except as otherwise provided in subparagraph (ii) of this paragraph (c);

(ii) The parent submitting the request for review shall make himself or herself available for viewing of the surveillance footage within thirty (30) days of receiving notification from the school or postsecondary educational institution that the request for review has been granted;

(iii) Any investigation and any administrative or legal proceedings that result from the recording have been completed, including, without limitation, the exhaustion of all appeals.

(5) School districts and postsecondary educational institutions are authorized to contract with any company or individual, independent of the school district or postsecondary educational institution, to provide the necessary surveillance monitoring service. However, the school district or postsecondary educational institution, acting through its respective governing board, shall not select any one (1) company or individual without first advertising a request for proposals in a newspaper published in the county in which the school district is located, or, if no newspaper is published in that county, then in a newspaper having a general circulation therein, for two (2) successive weeks, the first being at least ten (10) days before the public contract. The contract shall then be awarded to the best bid received and accepted by the respective board.

SECTION 2. Section 37-3-83, Mississippi Code of 1972, is brought forward as follows:

37-3-83. (1) There is established within the State Department of Education, using only existing staff and resources, a School Safety Grant Program, available to all eligible public school districts, to assist in financing programs to provide school safety. However, no monies from the Temporary Assistance for Needy Families grant may be used for the School Safety Grant Program.

(2) The school board of each school district, with the assistance of the State Department of Education School Safety Center, shall adopt a comprehensive local school district school safety plan and shall update the plan on an annual basis.

(3) Subject to the extent of appropriations available, the School Safety Grant Program shall offer any of the following specific preventive services, and other additional services appropriate to the most current school district school safety plan:

(a) Metal detectors;

(b) Video surveillance cameras, communications equipment and monitoring equipment for classrooms, school buildings, school grounds and school buses;

(d) Violence prevention training, conflict resolution training, behavioral stress training and other appropriate training designated by the State Department of Education for faculty and staff; and

(e) School safety personnel.

(4) Each local school district of this state may annually apply for school safety grant funds subject to appropriations by the Legislature. School safety grants shall include a base grant amount plus an additional amount per student in average daily attendance in the school or school district. The base grant amount and amount per student shall be determined by the State Board of Education, subject to specific appropriation therefor by the Legislature. In order to be eligible for such program, each local school board desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year on forms provided by the department, and shall be required to establish a local School Safety Task Force to involve members of the community in the school safety effort. The State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for school safety grants.

(5) As part of the School Safety Grant Program, the State Department of Education may conduct a pilot program to research the feasibility of using video camera equipment in the classroom to address the following:

(a) Determine if video cameras in the classroom reduce student disciplinary problems;

(b) Enable teachers to present clear and convincing evidence of a student's disruptive behavior to the student, the principal, the superintendent and the student's parents; and

(6) Any local school district may use audio/visual-monitoring equipment in classrooms, hallways, buildings, grounds and buses for the purpose of monitoring school disciplinary problems.

(7) As a component of the comprehensive local school district school safety plan required under subsection (2) of this section, the school board of a school district may adopt and implement a policy addressing sexual abuse of children, to be known as "Erin's Law Awareness." Any policy adopted under this subsection may include or address, but need not be limited to, the following:

(a) Methods for increasing teacher, student and parental awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;

(b) Educational information for parents or guardians, which may be included in the school handbook, on the warning signs of a child being abused, along with any needed assistance, referral or resource information;

(d) Age-appropriate curriculum for students in prekindergarten through fifth grade;

(e) Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention;

(f) Counseling and resources available for students affected by sexual abuse; and

(g) Emotional and educational support for a child who has been abused to enable the child to be successful in school.

(8) As part of the school safety grant program, the State Department of Education shall establish three (3) pilot programs in six (6) school districts utilizing an evidence-based curriculum to provide students in Grades K-5 with skills to manage stress and anxiety in order for them to be better equipped to handle challenges in a healthy way and build resiliency. The Mississippi Department of Mental Health shall be responsible for the selection of the content of the evidence-based curriculum. The results of this pilot program shall be measured and reported, and such results shall be used in consideration of the implementation of this curriculum statewide.

(9) As a component of the comprehensive local school district safety plan required under subsection (2) of this section, beginning in the 2019-2020 school year, the State Department of Education shall require local school districts to conduct, every two (2) years, refresher training on mental health and suicide prevention for all school employees and personnel, including all cafeteria workers, custodians, teachers and administrators. The Mississippi Department of Mental Health shall be responsible for the development and/or selection of the content of the training, which training shall be provided at no cost to school employees. School districts shall report completion of the training to the State Department of Education.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.