7440.01 - VIDEO SURVEILLANCE AND ELECTRONIC MONITORING
The Board authorizes the use of video surveillance and electronic monitoring equipment at various school sites throughout the District and on school buses. No audio or video surveillance is permitted within the District other than those authorized by policy or the District Administrator, and only if clear and visible notice is provided to any persons entering an area or building subject to video and/or audio monitoring that such monitoring may occur. This does not restrict the collection of video or audio recording at events open to the public.
Placement of Surveillance
The District Administrator is responsible for determining where to install and operate fixed-location video surveillance/electronic monitoring equipment in the District. The District Administrator shall assure that video surveillance is handled in accordance with the placement, monitoring, and access considerations incorporated into the school safety plan as more fully described in Policy 8420 - School Safety. The determination of where and when to use video surveillance/electronic monitoring equipment will be made in a nondiscriminatory manner. Video surveillance/electronic monitoring equipment may be placed in common areas in school buildings (e.g. school hallways, entryways, the front office where students, employees, and visitors are permitted to freely come and go, gymnasiums, cafeterias, libraries), the school parking lots and other outside areas, and in school buses. Except in extraordinary circumstances and with the written authorization of the District Administrator, video surveillance/electronic monitoring equipment shall not be used in areas where persons have a reasonable expectation of privacy (e.g. restrooms, locker rooms, changing areas, private offices (unless there is express consent given by the office occupant), or conference/meeting rooms), or in individual classrooms during instructional times.
Any person who takes action to block, move, or alter the location and/or viewing angle of a video camera shall be subject to disciplinary action.
Notification of Surveillance
Wherever video surveillance or electronic monitoring are used, such notification shall identify that video or electronic surveillance is possible technology being employed.
Legible and visible signs shall be placed at the main entrance to buildings and in the areas where video surveillance/electronic monitoring equipment is in use to notify people that their actions/behavior are subject to being monitored/recorded, which may include video footage, audio recording, or both. Additionally, the District Administrator is directed to annually notify parents and students through the Student Handbook and/or school newsletter, and staff via the Staff Handbooks, of the use of video surveillance/electronic monitoring systems in their schools, which may include either video or audio footage or both. In cases approved by the District Administrator, camera surveillance may be used for investigatory purposes without staff, student, or public notice if the usage is calculated to further investigation into misconduct believed to have occurred or believed to be ongoing.
Uses of Surveillance
Any information obtained from video surveillance/electronic monitoring systems may only be used to support the orderly operation of the School District's schools and facilities, and for law enforcement purposes, and not for any other purposes. As such, recordings obtained through the use of video surveillance/electronic monitoring equipment may be used as evidence in any disciplinary proceeding, administrative proceeding, or criminal proceeding, subject to Board policy and regulations. Further, such recordings may become a part of a student's education record or staff member's personnel file.
The Board will not place video surveillance/electronic monitoring equipment for the purpose of obtaining information for routine staff appraisal/evaluation or monitoring; however, video footage captured in the normal course of surveillance which shows information pertinent to staff performance or conduct may be used for that purpose.
Additionally, prerecorded lessons or observations of online or virtual learning sessions may be included as part of an employee's evaluation.
Further, if an employee is assigned to work remotely (i.e., telework), the Administration is authorized to conduct observations that consist of the supervisor reviewing video-recordings of the employee working and/or watching the employee perform their job responsibilities through means of a live-stream that includes both video and audio.
Additionally, nothing herein shall prevent the Administration from using information gathered through electronic means (i.e., viewing a video-recording or live-stream of an employee working) for employment purposes, including but not limited to completing components of an evaluation.
Recordings that capture students may be student records and as such will be treated as confidential, subject to the Board's public records and student records policies.
Retention, Secure Storage, Access to and Disposal of Video Recordings
The Board shall maintain video surveillance/electronic monitoring recordings for a limited period. Any request to view a recording under this policy must be made within ten (10) days of the event/incident in order to assure its availability. Inquiries after that time period may be available depending on current retention capabilities. Unless a recording is separated and maintained for some reason by the District, any recording may be destroyed after thirty (30) days. If, however, action is taken by the Board/Administration, as a result of a formal complaint or incident, recordings shall be kept consistent with the Board's record retention policy depending on the nature of the video record retained, but for a minimum of one (1) year from the date of the action taken. Recordings may also be kept beyond the normal retention period if they are going to be utilized for training purposes.
Video recordings, if stored on a removable/portable device or on a locally hosted server, when not in use, shall be stored in a locked, fire-resistant cabinet or room in an area to which students and the public do not normally have access. The recordings should be clearly and properly labeled and stored. Any video data stored on a cloud-based server system must be stored pursuant to a vendor agreement that assures the confidentiality of data accessible only to school officials.
Access to and viewing of video recordings is limited to authorized personnel.
The Administrator may authorize the viewing of recorded images in the event of an ongoing law enforcement investigation, an incident involving property damage or loss, or for other reasons deemed appropriate.
Video footage should not be removed from school officials' custody except as required by law or upon a request from law enforcement.
All video surveillance/electronic monitoring recording media shall be considered legal evidence and treated as confidential or as directed by Board counsel. The release of original video recordings to individuals or outside agencies may only occur pursuant to subpoena or court order after the same has been reviewed by Board counsel.
Original video recordings shall never be edited or manipulated in any manner. When video recordings are requested by any law enforcement agency as part of an ongoing investigation, a duplicate may be provided for that purpose. The original media shall be protected from accidental overwrite or erasure during the duplicating process. Nothing in this paragraph prohibits the redaction of personally identifiable information from duplicated media when mandated by FERPA.
Video recordings may never be sold publicly, viewed, or distributed in any other fashion except as provided for by Board policy and this guideline, and consistent with State and Federal law.
Devices containing video recordings, scheduled to be destroyed must be securely disposed of in such a way that the personal information cannot be reconstructed or retrieved (e.g. shredding, burning, magnetically erasing the personal information).
Surveillance on School Buses
School buses owned by the District or a contractor under contract with the District may be equipped with video and/or audio recording equipment in specified locations within the vehicle as provided in the Wisconsin Department of Transportation regulations.
Exceptions
This policy does not address or cover instances where school officials record a specific event (e.g. a play, music performance, athletic contest, graduation, or Board meeting), or an isolated instance where a classroom is a video recorded for educational or research purposes. Authorized video recording for educational, instructional and/or research purposes is permitted and is not addressed by this policy.
Video surveillance is to be implemented in accordance with this policy and the related guidelines, and consistent with the school safety plan. The Board will not accept or tolerate the improper use of video surveillance/electronic monitoring equipment and will take appropriate action in any cases of wrongful use of this policy.
Revised 10/24/18
Revised 3/20/19
Revised 5/20/20
Revised 2/17/21
Revised 9/15/21
Revised 8/17/22
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