The Board agrees to allow the use of Electronic Surveillance to promote the safety and security of students and staff, the protection of District Property, deterrence and the prevention of criminal activities and the enforcement of the District rules and policies.
DEFINITIONS
1) “Electronic Surveillance” means video–digital components of multi-media surveillance system, including cameras, recording units, tapes, CDs, etc. All Electronic Surveillance shall be limited to videotaping without recording sound so as to prevent the violation of New York State Penal Law by the District.
2) “District Property” is any property owned or operated by the District including inside any District building, on District grounds and District vehicles.
3) “Common Areas” means any area within the District that is not being used for instructional study or where there is no reasonable expectation of privacy, including but not limited to, hallways, cafeteria, library, gymnasium, entrances, parking lots, etc.
GUIDELINES TO ELECTRONIC SURVEILLANCE MONITORING ON SCHOOL PROPERTY
Camera Location, Operation and Control
- Electronic Surveillance may be placed in Common Areas. Electronic Surveillance shall be limited to Common Areas where there is no reasonable expectation of privacy and shall not include Common Areas such as locker rooms.
- The building principal shall be responsible for the management, audit and use of Electronic Surveillance.
Notification
- Signs will be posted at entrances to District Property and District buildings notifying individuals of the use of Electronic Surveillance.
- The building principal shall inform students, staff and parents at the beginning of each school year that the District will be monitored by Electronic Surveillance.
Use of Surveillance Recordings
- A recording made by Electronic Surveillance of any student or any person not employed by the District may be reviewed or audited for the purpose of determining adherence to the District policies and rules.
- A recording made by Electronic Surveillance of any action by a student, District employee or other individual may be used by the District or District Attorney’s Office as evidence in any criminal proceeding brought against such person arising out of such person’s conduct in or about District property. Disclosure to the District Attorney’s Office shall be made only in accordance with a valid subpoena under Section 99.31(a)(9) of the Regulations of the Family Policy Compliance Office of the United States Department of Education.
- The District may use Electronic Surveillance to detect or deter criminal offenses that occur in view of the camera.
- Electronic Surveillance recordings may be released to applicants in accordance with state and federal law.
- The District or its administrators may use electronic surveillance and the resulting recordings for inquiries and proceedings related to law enforcement, deterrence, and student discipline.
- The District shall not use electronic surveillance monitoring for other purposes unless expressly authorized by or under an Act or enactment.
Protection of Information and Disclosure/Security and Retention of Recordings
- Any recording made by Electronic Surveillance not in use shall be securely stored in a locked receptacle.
- Any recording made by Electronic Surveillance that has been used for the purpose of this Policy shall be numbered, dated and retained.
- The building principal must authorize access to all Electronic Surveillance records.
- A log shall be maintained of all episodes of access to, or use of recorded materials.
- All Electronic Surveillance records shall be retained for a minimum of 31 days, unless otherwise deemed necessary for retention by the Superintendent, building principal or their designee.
- Requests for viewing a video recording must be made in writing to the Superintendent or his/her designee and, if the request is granted, such viewing must occur in the presence of the District’s designated custodian of the recording. Under no circumstances will the District’s video recording be duplicated and/or removed from District premises unless in accordance with a court order and/or subpoena.
Disposal or Destruction of Recordings
All recordings shall be disposed of in a secure manner.
Video Monitors and Viewing
- Only the principal or individuals authorized by the principal shall have access to surveillance monitors while they are in operation.
- Surveillance monitors should be in controlled access areas wherever possible.
- Surveillance records should be viewed on a need to know basis only, in such a manner as to avoid public viewing.
Disclosure
Recordings shall not be disclosed except in accordance with this policy and in accordance with state and federal law. Disclosure of surveillance records shall be on a need to know basis, in order to comply with the District’s policy objectives, including the promotion of the safety and security of students and staff, the protection of District property, deterrence, and the prevention of criminal activities and the enforcement of school rules and policy.
Access to Personal Information
An individual who is the subject of video monitoring has the right to request access to the recording in accordance with the provisions contained in this policy and in accordance with state and federal law. Access in full or part may be refused on one of the grounds set out within the legislation.