Bill > HB4995

This bill mandates the installation and operation of video cameras in all self-contained special education classrooms and audio recording devices in the restrooms of these classrooms across West Virginia, with a specific deadline for audio devices in restrooms. A "self-contained classroom" is defined as a classroom where most students receive special education instruction, and an "incident" refers to a suspicion of bullying, abuse, neglect, or harm involving students or school employees. Local educational agencies (LEAs), or school districts, are responsible for providing and maintaining this equipment, and school principals or their designees will be the custodians of the recordings. 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, which would be addressed in their child's Individualized Education Program (IEP) or 504 plan. Recordings must be retained for at least three months, or 365 days for newer systems, and longer if a review is requested or an investigation is ongoing. The bill clarifies that these recordings can be used for investigating alleged incidents, including those involving abuse or misconduct by school personnel, and can be used in disciplinary actions such as suspension or dismissal of school staff, but not for general teacher evaluations. Access to recordings is restricted to specific individuals, including parents of involved students, school personnel involved in an incident, law enforcement, and legal entities, with provisions to protect the confidentiality of uninvolved students. The bill also requires schools to investigate allegations of employee misconduct even if the employee resigns, and school principals must report any allegations that jeopardize student safety within 24 hours.