Policy 612 - Placement and Operation of Audio and Video Recording Devices in Certain Special Education Classrooms
Adopted on June 22, 2023
Effective July 1, 2023
This policy shall apply only to those classrooms and incidents are contemplated in West Virginia Code 18-20-11, and all terms used herein shall be as defined in the same unless otherwise defined within this policy.
Installation of Audio and Video Recording Devices in Certain Special Education Classrooms
Should it be determined that the Board operates a classroom which meets the definition of "self-contained classroom" as contemplated in West Virginia Code 18-20-11, the Superintendent shall cause the installation of an appropriate audio and video recording devices as required by the same. This device(s) shall be installed so that it is capable of making the recordings of audio and video as required or do so with the aid of appropriate recording hardware. Video devices shall only be placed in common spaces of the classroom while any device installed in a restroom attached to such classroom, if any exists, shall only be capable of or shall be made to only be capable of capturing audio recordings. Such recordings shall be stored separately from any other recordings taken by any other audio and/or video recording device(s) operated by the Board so that, at a minimum, credentials used to access such recordings are distinct and separate from those used to access these other recordings. All recordings made at a particular school under this policy may be stored on the same hardware, but recordings made at separate schools may not.
Upon installation of such a device(s) as required by state law, the Superintendent shall cause notice to be made to the teachers, staff members, parents, students, and LSIC of the school at which the camera(s) has been installed and to the Board no less than ten business days prior to the beginning of their operation.
Requests for Viewing of Recordings Made
Should an individual authorized under West Virginia Code 18-20-11 to request to view recordings made by a device(s) installed pursuant to the same wish to make such a request, he/she shall do so on the form provided by the Superintendent. Such request shall be made to the principal of the school in question or designee, who shall consider the request accordingly.
In the event that the principal or designee denies a request for viewing, he/she must do so in writing to the requestor and submit a copy of this denial to the Superintendent no less than seven days subsequent to receipt of the request. The principal or designee shall deny such viewing if and only if he/she determines that the requestor is not eligible to make such a request under West Virginia Code 18-20-11. A person so denied may appeal such denial using the same process identified by West Virginia Board of Education policy for citizen complaints.
In the event that the principal or designee permits a request for viewing, he/she must do so by notifying the requester in writing no less than seven days subsequent to receipt of the request. The principal or designee shall only permit such viewing if he/she determines that the requestor is eligible to make such a request under West Virginia Code 18-20-11. The requestor shall then make him/herself available for viewing within thirty days of the receipt of permission to do so.
Under no circumstances shall recordings made pursuant to this section be permitted other than those specified in West Virginia Code 18-20-11 and these recordings shall only be used pursuant to the same.
Review and Retention of Recordings Made
Any recording made pursuant to this policy shall be retained for at least three month, except that if such three-month period overlaps a summer break between instructional terms, the recording(s) shall be retained an additional time period equal to the number of days occurring during said break. However, any recording system installed or replaced after April 1, 2022, shall instead be required to retain recordings for 365 days, any breaks notwithstanding.
Any recording determined to be subject to a request for viewing as detailed in the above section shall be additionally retained until the person making the request has viewed the recording or 60 days after the person making the request has been notified that such recording is ready for viewing, whichever is earlier.
The principal of each school in which a device is placed pursuant to this section, or designee, shall review at least fifteen minutes of recordings from each such device at the school no less frequently than every ninety days.
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