HB 4995
Require the use of video cameras in certain special education classrooms
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, titled ‘Oscar’s Law,’ requires the installation of video cameras and audio recording devices in certain special education classrooms in West Virginia. It aims to provide increased oversight and protection for students, particularly those who are nonverbal or autistic, by documenting potential incidents of bullying, abuse, or neglect. The bill establishes specific requirements for camera placement, audio recording, and data retention, as well as procedures for reviewing recordings and ensuring student privacy.
Key provisions
- Requires video cameras in self-contained classrooms and audio recording devices in restroom areas of those classrooms.
- Defines ‘incident’ as a suspected case of bullying, abuse, or neglect.
- Establishes a minimum retention period for recorded footage (at least three months, with extensions for summer breaks).
- Outlines procedures for reviewing recordings by school administrators, parents/guardians, and law enforcement/child welfare agencies.
- Requires schools to blur the identity of uninvolved students in video recordings.
- Provides for parental opt-out options for bathroom audio monitoring.
- Creates ‘Oscar’s Law’ to specifically protect nonverbal and autistic children.
- Specifies that recordings are confidential and can only be accessed by authorized personnel.
Who is affected
- Public school students with special education needs
- Teachers and aides in special education classrooms
- Parents and guardians of special education students
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