|School City of East Chicago|
|Bylaws & Policies|
8402 - ELECTRONIC MONITORING AND RECORDING
In order to assist School City of East Chicago Trustees to promote security and protect the health and welfare and safety of students, staff, and visitors; SCEC Trustees authorize the use of video and audio monitoring equipment on all SCEC Properties and school buses. Information obtained through video and audio monitoring may be used for the purposes including but not limited to, identifying individuals who are violating criminal law, SCEC policy, or Studentís Code of Conduct.
The Superintendent is responsible for approving where and when to deploy and operate monitoring equipment. Monitoring equipment may be placed in common areas of all school facilities. Common areas include but are not limited to hallways, entryways, open access offices areas, gymnasiums, cafeterias, libraries, parking lots and other outside areas, and in school buses.
Except in extraordinary circumstances such as a response to possible bullying, hazing, harassment, personal injury, property damage, or criminal conduct, and only with the written authorization of the Superintendent; monitoring equipment shall not be used in areas where persons have a reasonable expectation of privacy (e.g., restrooms, locker rooms, private offices, changing areas). In assessing whether extraordinary circumstances exist, the Superintendent shall consult with SCEC legal counsel before authorizing placement of monitoring equipment in these areas. Access to live monitoring or recordings made in private areas will be based on the need to gain immediate access to respond to the information being obtained. The Superintendent may authorize individuals to carry and use video and audio recording equipment when video and audio documentation would assist in performing the duties of their position and to ensure for the safety and security of students, staff, and employees.
Information obtained from monitoring and recording is used to support the safe and orderly operation of the SCEC schools and facilities. This includes providing access to monitoring or recordings to law enforcement officers when proper authority in support of the requested access is provided. Records obtained through the use of monitoring equipment installed and operated in compliance with this policy may be authenticated and used as evidence in any forum in which its use would assist in the search for the truth concerning the recorded event. Recording that focuses on and follows a specific student or staff member may become a part of the studentís education record or the staff memberís personnel file.
SCEC Electronic Surveillance System (ESS):
This policy section will address the collection, monitoring, maintenance, and dissemination of information generated from the school electronic surveillance system (ESS).
Access to the ESS for the purpose of monitoring and reviewing video images and audio recorded from SCEC facilities is limited to school Administrators; authorized staff and school safety specialists, safety managers and the Director of Security; for the express purpose of providing for the safety and security of school students, faculty, employees, parents, visitors, and properties. Based on ESS limitations or technical system failures not all activity taking place in an ESS equipped facility will result in a recording being made. Where a recording is made, not all recordings will include both audio and video, and the quality of recorded audio or video is not warranted to always be intelligible. Where audio or video records are made, they may be destroyed if a timely request is not made pursuant to this directive.
Recordings containing personally identifiable information about a student shall not be released except as required or authorized by the Family Educational Rights and Privacy Act ("FERPA"). A parent or guardian of a student, and a student who is eighteen (18) years of age or older shall have access to relevant portions of any video or audio recording related to disciplinary charges against the student. Upon written request to the Superintendent, if the requested access does not violate State and/or Federal law (i.e., the privacy rights of any other student whose images appear on the recording), a recording may be exhibited to a parent/guardian and an eligible student. However, the parent/guardian and student will not be given a copy of the recording.
At the discretion of the Superintendent;
|A.||School personnel with responsibility for the program of a student, may be granted the opportunity to view relevant portions of a recording related to the services they delivered to the student and any disciplinary charge against the depicted student.|
|B.||If the ESS recorded activity that was used to determine that a SCEC policy violation had taken place and which resulted in disciplinary action against the employee, this employee or authorized representative of employee may be granted the opportunity to view relevant portions of a recording related to the violation.|
The Board shall maintain monitoring recordings for a limited period. Any request to view a recording under this policy must be made within seven (7) calendar days of the event/incident. Unless an investigation is being conducted, or the School Attorney advises that specific recordings must be preserved pursuant to a "litigation hold" notice, recordings may be destroyed after ten (10) calendar days. If, however, action is taken by the Board/administration based upon recorded events, the recordings shall be kept for a minimum of two (2) years from the date of the action taken. This directive shall not be interpreted to guarantee the destruction of a recording after any specific length of time.
Monitoring is to be implemented in accordance with this directive. The use of monitoring and recording equipment in violation of this directive will result in disciplinary action.
Any person who blocks, moves, or alters the location or viewing angle of monitoring equipment, or attempts to do so shall be subject to SCEC disciplinary or applicable law enforcement agency action.
FERPA, 20 U.S.C. 1232g
34 C.F.R. 99.1-99.67
Title I of the Electronic Communication Privacy Act of 1986
18 U.S.C. 2510-2521