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Great presentation Amberly! This looks great! I am special ed certified but have not been in the classroom for over 6 years. I had no idea that parents could request cameras be put in to a special ed classroom! I have been with my district for 10 years and we have never had such a request which makes me believe that perhaps our parents aren’t aware of this. I can think of some parents at the top of my head now that would have made such a request. Even then, they can only see footage if there is a neglect. I wonder what the law says about teachers sharing footage with parents who want to celebrate a student’s accomplishment in the classroom. Would they ge allowed to share video of their child? Again, great job putting this together!

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I am currently seeming a Masters degree in Professional School Counseling. The audience for this presentation are parents, guardians, and advocates of students with intellectual and physical disabilities. The topic of this legal guide is to help parents understand their right to request a camera be placed in their students special education classroom. I chose this topic because I am a Functional Lifeskills teacher who has had a parent request and recieve a camera be placed in their childs classroom.

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Understanding the legal rights of a parent of a child with special needs in public school is vital. Many parents are not aware of the rights and resources available to them. Many students are not given services in public school as a result of their parent/guardian or advocates' lack of knowledge on special education laws. All advocates of students with Special Needs should be provided with proper education on special education laws.

Currently, three states in the United States have laws allowing cameras to be placed in Special Education classrooms. There is no current federal legislation regarding cameras in special education classrooms, but several states have pending legislature allowing cameras to be placed in special education classrooms. For now, these state laws allow for cameras in self-contained special education classrooms, and not all special education classrooms. Educators will have to stay current on special education legislation in order to provide students with the best education possible.

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The American School Counselor Association (ASCA) is a national professional association. ASCA provides journal publications, magazines, blogs, and additional resources for school counselors throughout the United States.

American School Counselor Association., (2021). https://www.schoolcounselor.org/

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Home - American School Counselor Association (ASCA)

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A Dallas Independent School District (DISD) Trustee wants the school district to require cameras in all of the self contained special edication classrooms within the DISD district. The current state law for Texas does not require cameras in all special education classrooms.

Ayala, Eva-Marie., (2019, Nov. 11).   Should Cameras be Required in all Special Education Classrooms? Dallas Schools Trustees are Debating Cameras. The Dallas Morning News. https://www.dallasnews.com/news/education/2019/11/11/should-every-special-education-classroom-be-recorded-dallas-schools-trustees-are-debating-cameras/

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Should every special-education classroom be recorded? Dallas ISD trustees are debating cameras

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Children with severe disabilities often don't have the ability to speak up when they are hurt at school, so determining what happened can be difficult....

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In Louisiana, Senate Bill 86, would allow for cameras to be requested by parents who have students in special education classrooms. The proposed bill passed the Senate Education Committee and is going to the Senate Floor.

Wood, Emily., (2021. May 7). Cameras may be Installed Upon Request in Special Education Classrooms. Daily Advertizer. https://www.theadvertiser.com/story/news/local/louisiana/2021/05/07/bill-would-allow-cameras-louisiana-special-education-classrooms/4980009001/

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BATON ROUGE - A bill to allow cameras in special education classrooms if parents or legal guardians request them is headed to the Senate floor.

Sen. Franklin Foil, R-Baton Rouge, the author of Senate Bill 86, said he brought the bill forward on behalf of the Louisiana Developmental Disabilities Council and concerned parents.

The bill, which was approved by the Senate Education Committee Thursday, would require public and charter schools to create policies for the implementation of video and audio in special education classrooms.

The cameras would not be allowed near restrooms or anywhere where a child might be unclothed.
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Dr. Mary Elizabeth Christian, a physician in Baton Rouge and the mother of a 21-year-old with autism, epilepsy and neuromuscular disorder, recounted her daughter's experience with a school in East Baton Rouge Parish.

"I will never forget the day when we were in an individualized education planning meeting for my daughter, and the principal proudly told us that Grace was making social progress because they were not having to strap her down nearly as often as they had in the past," said Christian.

Christian went on to advocate for the bill, stating that it will protect students who cannot speak for themselves, who are vulnerable, and who reside in classrooms that are isolated without windows.
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The installation of the cameras could cost up to $8 million, but only if every single special education classroom in Louisiana has a camera. If a camera is not requested by a parent who has a child in the classroom, one will not be installed.

Multiple other parents testified on behalf of their children's experiences, including Chris Rowe, who has two special needs children in New Orleans. He stated that the disciplinary action against special needs students is twice as likely than against non-special needs students.

Rowe explained that an incident with one of his children was recorded, and it allowed the school to analyze where the staff needed more special training and where physical alterations to the school playground were needed.

Sen. Beth Mizell, R-Franklinton, advocated for the bill as well, stating that even early childhood education centers have cameras and emphasizing the need for them in public schools.

The bill will now move to the Senate floor for further debate.

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Cameras may be installed upon request in special ed classrooms under new bill

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BATON ROUGE - A bill to allow cameras in special education classrooms if parents or legal guardians request them is headed to the Senate floor. Sen. Franklin Foil, R-Baton Rouge, the author of Senate Bill 86, said he brought the bill forward on behalf of the Louisiana Developmental Disabilities Council and concerned parents.

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Texas Education Code Sec. 29.002

Summary of Law: Enacted in 2015, the State of Texas passed state legislation that allowed cameras to be used at the request of parents, staff, or schools. In this legislation, students who spend 50% or more of their school day in a self-contained classroom are eligible. This legislation only allows the footage to be reviewed if there is an official investigation meeting the State of Texas’ definition od Abuse, Neglect or Exploitation.

Citation: T.E.C. § 29.022

Link to law text: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm

Source of Law:  Statutory

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Georgia Code Title 20-2-324.2

Summary of Law: Enacted in 2016, the State of Georgia passed state legislation that allowed cameras to be placed in self-contained classrooms if the Georgia Department of Education approves the request. The Georgia law allows for the cameras to be monitored for classroom instruction, classroom interactions, teacher observations, and review of records as requested in writing by parents or schools.

Citation: O.C.G.A. § 20-2-324.2

Link to law text: https://advance.lexis.com/container/?pdmfid=1000516&crid=cb3080b3-c324-4ebb-9b4a-55d37d4eada1&pdtocsearchterm=special+education+camera&pdtocsearchoption=docsonly&pdsearchterms=&pdtypeofsearch=TOCSearchDoc&pdfilterstring=MTA5MTIwMw&pdsearchdisplaytext=GA+-+Official+Code+of+Georgia+Annotated&pdcontextvalue=statutes-legislation&pdtocfullpath=%2Fshared%2Ftableofcontents%2Furn%3AcontentItem%3A7YJ8-39M0-Y905-D000-00008-00&pdbcts=1626640218624&config=00JABlN2Q2OTIwYi1kMjQwLTQxMWEtOWM1YS00MzUwY2MzYjQ5ZTAKAFBvZENhdGFsb2eiEwC2ZWq2J6k0Uwbdk8jZ&ecomp=_38_kkk&prid=64113c44-f9a3-428f-b8ab-71381e86fc90

Source of Law: Statutory

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Individuals with Disabilities Education Act (IDEA)

Summary of Law: Enacted in 1990, IDEA provides guidelines for all students to have a Fair and Appropriate Public Education (FAPE), that is designed to meet the unique needs of students with disabilities.

Citation: IDEA, 34 C.F.R. 300.501

Link to law text: https://sites.ed.gov/idea/statuteregulations/

Source of Law: Statutory

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Rideau v. Keller Independent School District

Summary of Case: Bridget Rideau and her special needs son, Terrence, sued Keller Independent School District to allow cameras in her child’s special education classroom, after a formal investigation revealed he has been severely mistreated by his teacher.

Citation: Civil Action No. 4:10–CV–926–Y.” Rideau v. Keller Indep. Sch. Dist., 978 F. Supp. 2d 678, (N.D. Tex. 2013)

Link to law text: https://casetext.com/case/rideau-v-keller-indep-sch-dist

Source of Law: Judicial

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Bastrop Independent School District Local Policy/ Rule: “Upon written request of a parent of a student who receives special education services, a staff member (as this term is defined by law), a principal or assistant principal, or the board, state law requires the district to place video and audio recording equipment in a classroom in which the student spends at least 50 percent of his or her instructional day, referred to in the law as a self-contained classroom” (bisdtx.org, 2021).

Citation:

Bastrop ISD. (2021). Student Handbook. https://www.bisdtx.org/cms/lib/TX02218757/Centricity/Domain/1094/18-19%20Handbook%20Final%20.pdf

Link to Text: https://www.bisdtx.org/cms/lib/TX02218757/Centricity/Domain/1094/18-19%20Handbook%20Final%20.pdf

Summary: This is the local policy for Bastrop ISD. This policy provides instructions and qualifications for requesting a camera in a self-contained special education classroom.

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A. 14 Technical & Digital Citizenship
(c) promote the safe and responsible use of technology in collaboration with educators and families.
American School Counselor Association. 2016. ASCA Code of Ethics for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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Disability Scoop is a popular website among advocates for individuals with intellectual and physical disabilities. This website stays current on all happenings in the disability community including legislation.

Disability Scoop. (2021). www.disabilityscoop.com

https://www.disabilityscoop.com/

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Disability Scoop - The Premier Source for Developmental Disability News

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The national developmental disability news site covering autism, cerebral palsy, Down syndrome, intellectual disability and more.

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1.  Understanding your rights as a parent of a special needs student in public school is crucial.

2. Only 3 states have legislation allowing parents to request cameras in self-contained special education classrooms.

3. There is no federal legislation regarding cameras in special education classes at this time.

4. In Texas, parents or staff can request a camera in a self-contained special education classroom where the student is for 50% or more of their day.

5. In Texas, all school districts are required to comply with Senate Bill 507. In Georgia, a pilot program was created, that allows each school district is allowed to choose if they want to participate in the program.

6. The Individuals with Disabilities Education Act (IDEA) and the Family Education Right to Privacy Act (FERPA) do not clarify if the camera footage is considered to be a part of a student's educational records.