In our Step Into Security webinar, we are discussing the recent requirement for some schools to add cameras & microphones to their special education classrooms.
In Texas and other states, there is a developing trend for lawmakers to require schools to add video and audio recording equipment to classrooms. This requirement is a result of alleged mistreatment of special education students. The requirement can include adding cameras and microphones to the special needs classrooms under certain circumstances.
LENSEC physical security expert Keith Harris will be discussing this topic and presenting solutions for meeting the requirements.
Keith is a veteran expert with extensive knowledge of security equipment. Keith has experience working with educators, law enforcement, and others developing security solutions to meet their needs.
Please feel free to share this link with your colleagues and join us for future events.
WEBINAR AGENDA:
•The Case for Video Evidence
•Requirements
•Solutions for Video/Audio
•Planning for Implementation
•FERPA & Protecting Privacy
Webinar Archive: http://www.lensec.com/webinar/webinar_videoarchive.html
3. Webinar
Sponsor
Based in Houston, TX
Since 1998
IP Video Management
System Design
Installation
Project Management
LENSEC is committed to empowering our clients and partners to prevent or mitigate physical security risks.
We want to help protect people and assets as well as improve operations through our evolutionary and
intuitive technology. We can do this by providing expertise in security and software development.
Our Mission
6. Training
Goal
Surveillance Solutions in
Special Education Classrooms
Topics for Webinar:
Case For Video Evidence
Requirements
Solutions for Video/Audio
Planning for Implementation
Federal & State Laws on Privacy
8. The Case for Video Evidence
Surveillance Solutions in Special Education Classrooms
Children At Risk
12% of students have disabilities
75% of students with disabilities are restrained
58% of students with disabilities are secluded
Most punishment occurs in special education
classrooms or seclusion rooms
9. The Case for Video Evidence
Disability Categories
Autism 68%
ADD/ADHD 75%
Emotional Disturbance 19%
Intellectual Disability 19%
Most likely to be related to incidents of
abuse using methods such as restraint or
seclusion
No reliable ability to report abuse
Lack of credible evidence or testimony
Surveillance Solutions in Special Education Classrooms
10. The Case for Video Evidence
Political Landscape
Parents & advocates lobbying state legislatures
Introducing bills mandating surveillance
Monitoring self contained settings
Texas law passed & effective
Other states contemplating legislation
Surveillance Solutions in Special Education Classrooms
11. The Case for Video Evidence
Political Landscape
“We heard testimony from students with special needs and
parents whose lives have been forever changed by mistreatment in
the classroom, it is my intention that the presence of cameras in
these students’ classrooms will provide evidence in cases of abuse,
and will also protect teachers who face wrongful accusations.”
Texas State Senator, Eddie Lucio, Jr. (D)
Author of Texas SB 507
https://www.disabilityscoop.com/2015/06/29/state-require-cameras-special/20420/
Surveillance Solutions in Special Education Classrooms
12. Requirements
Texas Law – SB 507
Effective September 1st, 2015
Compliance beginning in 2016-2017
Unfunded mandate
Applies to all school districts & open enrollment
charter schools
Texas Education Agency will adopt rules &
administer the law
http://www.legis.state.tx.us/tlodocs/84R/billtext/pdf/SB00507I.pdf
Surveillance Solutions in Special Education Classrooms
Texas SB 507 Legislation
13. Requirements
Texas Law – Bill SB 507: Classrooms affected
Compliance Triggers
Upon request from parent, trustee or staff member
Classrooms Affected
Applies to students in regular attendance receiving
special education & related services
-AND-
Applies to students assigned to a self-contained
classroom or other special education setting at
least 50% of the instructional day
Surveillance Solutions in Special Education Classrooms
14. Requirements
TexasLaw – Bill SB 507: Classroomsaffected
Self contained, special education
classrooms
Other special education settings
Resource rooms
ADA compliant rooms
Life Skills rooms
Seclusion rooms
Aslongastheareaservesspecialeducationuse
Surveillance Solutions in Special Education Classrooms
15. Requirements
Texas Law – SB 507: Notification
Notification in writing prior to installation
School Faculty & Staff
Parents of students with disabilities
Users of services & classroom/setting
No consent from parents or staff required
Surveillance Solutions in Special Education Classrooms
16. Requirements
TexasLaw – SB 507: EquipmentGuidelines
Audio from all areas of the classroom or
setting
Video from all areas of the classroom or
setting
Excluding: The inside of a bathroom
Excluding: Areas in which students’ clothes
are changed
Surveillance Solutions in Special Education Classrooms
17. Requirements
Texas Law – SB507: Equipment Guidelines
Legislative fiscal note
Inexpensive camera
Limited quality
Video masking software
Video editing software
Surveillance Solutions in Special Education Classrooms
18. Requirements
Texas Law – SB507: Video/Audio Retention
Keep video for 6 months from the record date.
Retrieval process
Identify by camera/classroom
Search by date, time, etc.
Video tagging makes sharing easier
Download video in a shareable format
Surveillance Solutions in Special Education Classrooms
19. Requirements
Texas Law – SB507: Access or Use of Recording
Recording is confidential by law
May not allow regular or continual monitoring
May not use recording for teacher evaluation
May not use video for any purpose other than
promotion of student safety
May not be released or viewed, except under very
specific conditions
Surveillance Solutions in Special Education Classrooms
20. Requirements
Texas Law – SB507: Access or Use of Recording
School district must release video under certain conditions
Complaint has been reported to the district
School employee or parent/guardian makes a formal request
Others included in response to complaint/investigation
DFPS personnel
Peace officer
School nurse
District administrator trained in de-escalation and restraint techniques
HR staff member designated by the school board
SBEC personnel
Surveillance Solutions in Special Education Classrooms
21. Requirements
Texas Law – SB507: Access or Use of Recording
Violations of the Texas Family Code
Required to notify DFPS for investigation
Violations of district or school policy
Access allowed to appropriate legal & HR staff
Recordings are allowed for use in disciplinary action or legal
proceedings
Statute does not limit access to an education record
Surveillance Solutions in Special Education Classrooms
22. Requirements
Texas Law – SB507: Access or Use of Recording
Open Records Request
Texas Public Information Act
Confidential by law
https://www.texasattorneygeneral.gov/files/og/publicinfo_hb.pdf
Surveillance Solutions in Special Education Classrooms
TX Attorney General’s Public Information Handbook
23. Requirements
Texas Law – SB507: Noncompliance
Does not waive immunity from liability
Does not create any liability for a cause of
action
Noncompliance may be considered in
litigation
Commissioner will likely create a penalty for
noncompliance
Surveillance Solutions in Special Education Classrooms
25. Planning for Implementation
Classroom cameras
1 or 2 per classroom is usually adequate
Additional as needed
NVR
1 per school is usually adequate
Ample storage
Stand-alone solution
Separate from general security solution
Avoid inexpensive equipment with limited video
or audio quality
Surveillance Solutions in Special Education Classrooms
26. Planning for Implementation
Network equipment
Network cable
PoE switches
Installation
Use a qualified CCTV technician
Network Infrastructure
Bandwidth
Network IDF/MDF
Network Security
No Default Passwords
Surveillance Solutions in Special Education Classrooms
27. Planning for Implementation
Funding
Gift solicitation/acceptance
Grants
Donations
Procurement
Existing district contracts
Purchasing co-op
Commissioner’s grant program
Excess Foundation School Program funds
Texas Education Agency developing guidelines
Surveillance Solutions in Special Education Classrooms
28. Installation Guidelines
The practical reality
Cameras with adequate resolution
and clarity
Network drops/cabling
Switches
Storage
Hosted – bandwidth concerns
Solutions for Video/Audio
Surveillance Solutions in Special Education Classrooms
29. Solutions for Video/Audio
Camera: Axis M5013
Discreet footprint
Pan/Tilt/Zoom
PoE powered
Built-in microphone
Built-in microSD/SDHC card slot
Surveillance Solutions in Special Education Classrooms
30. Solutions for Video/Audio
Camera: Privacy Mask
This feature gives you an ability to
digitally block certain zones of the
camera image
Good to hide changing areas or
restrooms
Surveillance Solutions in Special Education Classrooms
31. Solutions for Video/Audio
Camera: Privacy Mask
This feature gives you an ability to
digitally block certain zones of the
camera image
Good to hide changing areas or
restrooms
Surveillance Solutions in Special Education Classrooms
32. Solutions for Video/Audio
Camera: Placement
Placement ensures 100% coverage
Opposite corners achieve complete
coverage
Surveillance Solutions in Special Education Classrooms
35. Solutions for Video/Audio
Audio recording laws
Electronic Communications
Privacy Act
Federal law vs. state law
One party consent
Surveillance Solutions in Special Education Classrooms
Electronic Communications Privacy Act
http://legal.web.aol.com/resources/legislation/ecpa.html
36. Solutions for Video/Audio
Audio recording laws – “One party consent” states
Surveillance Solutions in Special Education Classrooms
Alaska
Arkansas
Colorado
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming
District of Columbia
37. Solutions for Video/Audio
Audio recording laws – “All party consent” states
Surveillance Solutions in Special Education Classrooms
California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
New Hampshire
Pennsylvania
Washington
38. Solutions for Video/Audio
Audio recording laws
Title 18, Part 1, Chapter 119 of the US Code
Section 2510 Paragraph 2
Surveillance Solutions in Special Education Classrooms
oral communication means any oral communication uttered
by a person exhibiting an expectation that such
communication is not subject to interception under
circumstances justifying such expectation, but such term does
not include any electronic communication.
39. Solutions for Video/Audio
Audio recording laws
Interpretations of law
Err on the side of caution
Special laws for students in school
Know your law in your state
Get a legal opinion if needed
Surveillance Solutions in Special Education Classrooms
40. Solutions for Video/Audio
Surveillance Solutions in Special Education Classrooms
Audio: Clarity
Audio/Video sync
Place centrally
Avoid placement near
vent
Clarity is key
41. Solutions for Video/Audio
NVR: Choosing the right one
Video Management Software
(VMS)
Manage multiple rooms/locations
Tag video events
Shared video
Easily customize systems for
customer defined situations
Surveillance Solutions in Special Education Classrooms
42. Solutions for Video/Audio
NVR: Recording Capacity
Western Digital Surveillance Hard Drive Capacity Selector: http://www.wdc.com/en/products/products.aspx?id=1210#Tab2&Tab9
Surveillance Solutions in Special Education Classrooms
43. Solutions for Video/Audio
NVR: Recording Capacity
Direct Attached Storage (DAS)
Network-Attached Storage (NAS)
Storage Area Network (SAN)
RAID Configuration
Edge Storage
Cloud Storage
Surveillance Solutions in Special Education Classrooms
44. Privacy laws
FERPA: Family Educational Rights and Privacy Act
Right to review education records within 45 days of request
Right to request an amendment to education records
Consent to disclosures of personally identifiable info in education records
Right to file a complaint to the US DoE concerning alleged failures
NOT included in the education record
Private notes
Law enforcement or campus security records
Individual employment records
Records related to medical treatment
Records about individual obtained after the person is no longer a student
Grades on peer-graded papers not collected and recorded
Surveillance Solutions in Special Education Classrooms
45. Privacy laws
FERPA: Video
Images of student on security tapes
Maintained by a school’s law
enforcement unit
NOT considered education records
under FERPA
Video may be shared with parents of
student & with outside LE
Surveillance Solutions in Special Education Classrooms
46. Privacy laws
FERPA: Video
Surveillance Solutions in Special Education Classrooms
US DoE Brochure: https://www2.ed.gov/policy/gen/guid/fpco/brochures/elsec.pdf
47. Things to do:
Identify which schools & which classrooms meet the requirement
Evaluate camera & mic placement by performing a site survey
Research equipment options – talk with a professional
Identify number of cameras & storage capacity needed
Research funding sources: solicitations, gifts, grants & donations
Determine your processes to receive and respond to a request
Determine a process to develop a form for notification
Watch for further guidance from the education commissioner
Watch for creation of a grant program and be prepared to apply
Surveillance Solutions in Special Education Classrooms
48. Best Practices
Anticipate Requests
Evaluate procurement & funding options now
Don’t rely on grant funding
Identify responsible district personnel
Expect changes
Consider designating a ‘law enforcement unit’ to maintain recordings as
recommended by the US DoE in regards to FERPA
Surveillance Solutions in Special Education Classrooms