Policy 940: Electronic Surveillance

The board of trustees of Aberdeen School District No. 58 authorizes the use of electronic surveillance on school premises to ensure the health, safety, and well-being of all staff, students, and visitors, and to safeguard district facilities and property.  Electronic surveillance may be used in common areas as determined to be appropriate by the superintendent or designee.

DEFINITIONS

For the purposes of this policy, the following definitions apply:

“Common area” means any area within the school district that is not being used for instructional study or where there is no reasonable expectation of privacy, including but not limited to, hallways, auditoriums, cafeterias, libraries, gymnasiums, entrances, parking areas, and school transportation.

“District property” means any property owned or operated by the district including inside any district building or on district grounds and vehicles.

“Electronic surveillance” means video/digital components of multi-media surveillance systems, including but not limited to, cameras, recording units, tapes, CD/DVDs, camera phones, tablets, etc.  All electronic surveillance shall be limited to video without recording sound so as to prevent any violation of Idaho wiretapping statutes.

NOTICE

This policy will serve as notice to staff and students that video surveillance may occur on school premises.  Additional notice of the existence of electronic surveillance cameras may be posted at the entrance to any school building where such electronic surveillance may be in use. The building principal may notify students, staff and visitors at the beginning of each school year that the District will be monitored by electronic surveillance in accordance with this policy.

USE OF ELECTRONIC SURVEILLANCE

Electronic surveillance may be used to determine if staff, students, or visitors have violated board policies, administrative directives, building rules, or laws.  Staff, students, or visitors may be subject to disciplinary action and/or referred to law enforcement regarding conduct captured by electronic surveillance. 

The superintendent or designee is authorized to determine the frequency that electronic surveillance will be reviewed as well as the placement and focus point of all cameras.

Surveillance cameras will not be placed in a classroom and used as part of a teacher evaluation without prior consent.  In the event electronic surveillance is utilized in common areas where no expectation of privacy exists, such electronic surveillance may be used as part of an evaluation or discipline when appropriate.

EDUCATIONAL AND PERSONNEL RECORDS

Electronic surveillance video recordings in common areas made for the purpose of maintaining the physical security and safety of the school and where no expectation of privacy exists shall not be part of a student’s educational record or a staff member’s personnel record, except where necessary to document violation of district policies, student or personnel handbooks, or other procedures. 

DISCLOSURE OF ELECTRONIC SURVEILLANCE VIDEO

The disclosure of student educational records is governed by the Family Educational Rights and Privacy Act (FERPA) and Policy No. 681, Student Records.  Employee records are confidential pursuant to Idaho Code §33-518, and Policy No. 411, Personnel Files.  All electronic surveillance is a public record as defined in the Idaho Public Records Act and may be subject to public disclosure, subject to any applicable exemption, for the duration that it is maintained.  The district reserves the right to edit, including concealing identities, any electronic surveillance recordings to comply with applicable state and federal law prior to any release or disclosure.

RETENTION

Electronic surveillance video will be retained for a minimum of 5 days. All video shall be disposed of in a secure manner.  The district shall have no duty to retain electronic surveillance video longer than this retention period, unless a public record request is received.  The superintendent or the designated district records custodian will be responsible to review a sample of electronic surveillance on a periodic basis.

Only the superintendent, principal, or individuals authorized by the superintendent or principal will have access to electronic surveillance video.  All electronic surveillance video will comply with state and federal law, including Policy No. 681.50, Protection of Student Data.

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LEGAL REFERENCE:

Idaho Code Sections

33-133 – Definitions – Student Data – Use and Limitations – Penalties

33-518 – Employee Personnel Files

20 U.S.C. §1232g – Family Educational Rights and Privacy Act of 1974 (FERPA)

ADOPTED:   April 17, 2024

AMENDED: 

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