l. PURPOSE
The purpose of this policy is to regulate safety and security technology.
II. GENERAL STATEMENT
Safety and security technology is used to enhance the safety and security of students and employees in school buildings, school buses and other property utilized by Moorhead Area Public Schools. Various forms of audio and video technology equipment may be utilized to deter misbehavior, promote security and safety, and serve as evidence if needed for disciplinary action or criminal proceedings. The purchase and utilization of safety and security technology will occur only after review and approval by the Moorhead School Board. Please refer to Administrative Procedure 712.1.
III. VIDEO SURVEILLANCE CAMERAS
A. Placement in School Buildings and Grounds
1. School district buildings and grounds may be equipped with video and audio recording equipment. Signs will be placed at entrances to buildings where video and audio recording equipment are installed notifying all persons that their conversation or actions may be recorded.
2. Video or audio surveillance equipment may occur in any school district building or any owned or leased school district property.
3. Video or audio surveillance equipment will normally not be used in bathrooms or locker rooms, although these areas may be placed under surveillance by individuals of the same sex as the occupants of the bathrooms or locker rooms. Video or audio surveillance equipment in bathrooms or locker rooms will only be utilized in extreme situations, with extraordinary controls, and only as expressly approved by the Superintendent.
B. Placement in School Buses
School buses owned, leased, contracted, and/or operated by the school district may be equipped with video and audio recording equipment. Conspicuously placed signs will notify riders that their conversations or actions may be recorded.
C. Use and Retention of Video and Audio Recordings
1. Video recordings will be viewed by school district personnel on a random basis and/or when problems have been brought to the attention of the school district.
2. A video recording of the actions of students and/or employees may be used by the school district as evidence in any disciplinary action brought against any student or employee arising out of the student's or employee's conduct in school district buildings, school buses or on school grounds. Recordings will be reviewed under the following conditions:
a. a complaint or report from a student, employee, parent/guardian, bus driver, or other citizen arising out of suspected district personal misconduct;
b. at the request of a school administrator or law enforcement agency;
c. periodic review at the discretion of the building administrators, transportation director, or other designees of the Superintendent.
3. Video and audio recordings will not be released or reviewed by parents/guardians, the public, or district personnel except in conformance with Minnesota Statutes Chapter 13 (Minnesota Government Data Practices Act) and 20 United States Code section 1232g (Family Education Rights and Privacy Act) and rules and/or regulations promulgated thereunder.
4. Video and audio recordings or copies of the video and audio recordings used as evidence in school policy or safety violations will be retained by the school district until the conclusion of any disciplinary proceeding in which the video and audio recording is used as evidence and will be kept as set forth in the school district's records and retention schedule.
5. Video and audio recordings used as evidence in criminal proceedings will be provided to law enforcement officials.
IV. OTHER SAFETY AND SECURITY TECHNOLOGY
A. Placement
Other forms of safety technology may be utilized to enhance student and employee safety.
B. Use
Any safety and security technology used, such as stationary or hand-held metal detectors, will be utilized in accordance with federal and state statutes and local ordinances. Students and employees will be informed in advance of the use of any such equipment.
C. Security and Maintenance
1. The school district shall establish appropriate security safeguards to ensure that video and audio recordings are maintained and stored in conformance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Family Educational Rights and Privacy Act, 20 United States Code section 1232g, and the rules and/or regulations promulgated thereunder.
2. The school district shall ensure that video and audio recordings are retained in accordance with the school district's records retention schedule.
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 121A.585 (Notice of Recording Device)
Minn. Stat. 138.17 (Government Records; Administration)
Minn. Stat.. 609.746 (Interference with Privacy)
20.U.S.C. 1232g (Family Educational Rights and Privacy Act)
34 C.F.R. Secs. 99.1-99.67 (Family Educational Rights and Privacy)
Cross References:
MSBA/MASA Model Policy 711: (Video Recording on School Buses)
MSBA/MASA Model Policy 712: (Video Surveillance Other than on Buses)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student’s Person)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 709 (Student Transportation Safety Policy)
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 574: Search of Student Lockers, Desks, Personal Possessions, and Student's Person
Moorhead School Board Policy 721: Student Transportation Safety