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WV HB4995

WV HB4995
Require the use of video cameras in certain special education classrooms


summary

Introduced
01/30/2026
In Committee
02/23/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

A BILL to amend and reenact §18-20-11 of the Code of West Virginia, 1931, as amended; relating video cameras and audio recordings in self-contained classrooms; requiring notice to certain parents or guardians of interruption in video camera or audio recording; providing that a parent or guardian shall receive a copy of the applicable code section upon the initial placement of a video camera or audio recording device; providing that a judge may order that custody of a recording be transferred to a parent or guardian until the statute of limitations expires; and changing the time period required for review of the recordings.

AI Summary

This bill mandates the installation of video cameras in all self-contained special education classrooms and audio recording devices in the restrooms of these classrooms within West Virginia public schools, with "self-contained classroom" referring to a classroom where most students receive special education instruction. Local educational agencies (LEAs), which are local school districts, are responsible for providing and maintaining this equipment. Parents or guardians must be notified before cameras or audio devices are installed and will receive a copy of the relevant law, with an option to opt out of bathroom audio monitoring for their child, potentially through an Individualized Education Program (IEP) or 504 plan. If there's an interruption in recording, the school must provide a written explanation and notify affected parents or guardians. Recordings are generally kept for at least three months, or 365 days for newer systems, but can be held longer if requested for review or during investigations, with a judge having the authority to transfer custody of a recording to a parent or guardian if the statute of limitations for a case has not yet expired. The recordings can only be used to promote student safety and well-being and cannot be used for teacher evaluations. School administrators are required to review a minimum amount of footage and audio every 30 days, a significant increase from the previous 90-day requirement. Access to recordings is restricted to specific individuals involved in an incident, law enforcement, or legal proceedings, with measures in place to protect the confidentiality of uninvolved students.

Committee Categories

Education, Justice

Sponsors (11)

Last Action

To House Judiciary (on 02/23/2026)

bill text


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