Post on 11-Apr-2017
Surveillance Solutions in Special Education Classrooms
Today’s Moderator
David MartinPhysical Security Technical SpecialistLENSEC
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Based in Houston, TXSince 1998IP Video Management System DesignInstallation Project Management
LENSEC is committed to empowering our clients and partners to prevent or mitigate physical security risks. We want to help protect people and assets as well as improve operations through our evolutionary and intuitive technology. We can do this by providing expertise in security and software development.
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Keith HarrisMarketing ManagerLENSEC
Today’s Panelist
Degree in Broadcasting & Photojournalism
27 Years Working in Photography & Video Production
6 Years in Physical Security Market
Expertise in Training Techniques for Video Surveillance
Training Goal
Surveillance Solutions in Special Education Classrooms
Topics for Webinar: Case For Video EvidenceRequirementsSolutions for Video/AudioPlanning for ImplementationFederal & State Laws on Privacy
Poll Question
Poll Question #1
Is your state considering cameras in special education classrooms?
The Case for Video EvidenceSurveillance Solutions in Special Education Classrooms
Children At Risk12% of students have disabilities 75% of students with disabilities are restrained58% of students with disabilities are secludedMost punishment occurs in special education classrooms or seclusion rooms
The Case for Video EvidenceDisability Categories
Autism 68% ADD/ADHD 75% Emotional Disturbance 19%Intellectual Disability 19%
Most likely to be related to incidents of abuse using methods such as restraint or seclusionNo reliable ability to report abuseLack of credible evidence or testimony
Surveillance Solutions in Special Education Classrooms
The Case for Video EvidencePolitical Landscape
Parents & advocates lobbying state legislaturesIntroducing bills mandating surveillanceMonitoring self contained settingsTexas law passed & effectiveOther states contemplating legislation
Surveillance Solutions in Special Education Classrooms
The Case for Video EvidencePolitical Landscape
“We heard testimony from students with special needs and parents whose lives have been forever changed by mistreatment in the classroom, it is my intention that the presence of cameras in these students’ classrooms will provide evidence in cases of abuse, and will also protect teachers who face wrongful accusations.”
Texas State Senator, Eddie Lucio, Jr. (D)Author of Texas SB 507
https://www.disabilityscoop.com/2015/06/29/state-require-cameras-special/20420/
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB 507
Effective September 1st, 2015 Compliance beginning in 2016-2017Unfunded mandateApplies to all school districts & open enrollment charter schoolsTexas Education Agency will adopt rules & administer the law
http://www.legis.state.tx.us/tlodocs/84R/billtext/pdf/SB00507I.pdf
Surveillance Solutions in Special Education Classrooms
Texas SB 507 Legislation
RequirementsTexas Law – Bill SB 507: Classrooms affected
Compliance TriggersUpon request from parent, trustee or staff member
Classrooms AffectedApplies to students in regular attendance receiving special education & related services
-AND-Applies to students assigned to a self-contained classroom or other special education setting at least 50% of the instructional day
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – Bill SB 507: Classrooms affected
Self contained, special education classroomsOther special education settings
Resource roomsADA compliant roomsLife Skills roomsSeclusion rooms
As long as the area serves special education use
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB 507: Notification
Notification in writing prior to installation
School Faculty & StaffParents of students with disabilities Users of services & classroom/setting
No consent from parents or staff required
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB 507: Equipment Guidelines
Audio from all areas of the classroom or settingVideo from all areas of the classroom or setting
Excluding: The inside of a bathroomExcluding: Areas in which students’ clothes are changed
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB507: Equipment Guidelines
Legislative fiscal noteInexpensive cameraLimited quality
Video masking softwareVideo editing software
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB507: Video/Audio Retention
Keep video for 6 months from the record date.Retrieval processIdentify by camera/classroom Search by date, time, etc.Video tagging makes sharing easierDownload video in a shareable format
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB507: Access or Use of Recording
Recording is confidential by lawMay not allow regular or continual monitoringMay not use recording for teacher evaluationMay not use video for any purpose other than promotion of student safetyMay not be released or viewed, except under very specific conditions
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB507: Access or Use of Recording
School district must release video under certain conditionsComplaint has been reported to the districtSchool employee or parent/guardian makes a formal request
Others included in response to complaint/investigationDFPS personnel Peace officer School nurse District administrator trained in de-escalation and restraint techniquesHR staff member designated by the school board SBEC personnel
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB507: Access or Use of Recording
Violations of the Texas Family Code Required to notify DFPS for investigation
Violations of district or school policy Access allowed to appropriate legal & HR staff
Recordings are allowed for use in disciplinary action or legal proceedingsStatute does not limit access to an education record
Surveillance Solutions in Special Education Classrooms
RequirementsTexas Law – SB507: Access or Use of Recording
Open Records Request Texas Public Information ActConfidential by law
https://www.texasattorneygeneral.gov/files/og/publicinfo_hb.pdf
Surveillance Solutions in Special Education Classrooms
TX Attorney General’s Public Information Handbook
RequirementsTexas Law – SB507: Noncompliance
Does not waive immunity from liabilityDoes not create any liability for a cause of actionNoncompliance may be considered in litigationCommissioner will likely create a penalty for noncompliance
Surveillance Solutions in Special Education Classrooms
Poll Question
Poll Question #2
If you are planning a camera project for special education classrooms, what stage are you in?
Planning for ImplementationClassroom cameras
1 or 2 per classroom is usually adequateAdditional as needed
NVR1 per school is usually adequateAmple storage
Stand-alone solutionSeparate from general security solution
Avoid inexpensive equipment with limited video or audio quality
Surveillance Solutions in Special Education Classrooms
Planning for ImplementationNetwork equipment
Network cablePoE switches
InstallationUse a qualified CCTV technicianNetwork InfrastructureBandwidthNetwork IDF/MDF
Network SecurityNo Default Passwords
Surveillance Solutions in Special Education Classrooms
Planning for Implementation Funding
Gift solicitation/acceptanceGrantsDonations
ProcurementExisting district contractsPurchasing co-op
Commissioner’s grant program Excess Foundation School Program fundsTexas Education Agency developing guidelines
Surveillance Solutions in Special Education Classrooms
Installation GuidelinesThe practical realityCameras with adequate resolution and clarityNetwork drops/cablingSwitchesStorage
Hosted – bandwidth concerns
Solutions for Video/AudioSurveillance Solutions in Special Education Classrooms
Solutions for Video/AudioCamera: Axis M5013Discreet footprintPan/Tilt/ZoomPoE poweredBuilt-in microphoneBuilt-in microSD/SDHC card slot
Surveillance Solutions in Special Education Classrooms
Solutions for Video/AudioCamera: Privacy MaskThis feature gives you an ability to digitally block certain zones of the camera imageGood to hide changing areas or restrooms
Surveillance Solutions in Special Education Classrooms
Solutions for Video/AudioCamera: Privacy MaskThis feature gives you an ability to digitally block certain zones of the camera imageGood to hide changing areas or restrooms
Surveillance Solutions in Special Education Classrooms
Solutions for Video/AudioCamera: PlacementPlacement ensures 100% coverageOpposite corners achieve complete coverage
Surveillance Solutions in Special Education Classrooms
Solutions for Video/AudioCamera: Blind Spots
Odd shaped rooms
Surveillance Solutions in Special Education Classrooms
Poll Question
Poll Question #3
What is your state’s law regarding capturing audio?
Solutions for Video/AudioAudio recording lawsElectronic Communications Privacy Act
Federal law vs. state lawOne party consent
Surveillance Solutions in Special Education Classrooms
Electronic Communications Privacy Acthttp://legal.web.aol.com/resources/legislation/ecpa.html
Solutions for Video/AudioAudio recording laws – “One party consent” states
Surveillance Solutions in Special Education Classrooms
AlaskaArkansasColoradoGeorgiaHawaiiIdahoIndianaIowaKansas
KentuckyLouisianaMaineMinnesotaMississippiMissouriNebraskaNevadaNew Jersey
New MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonRhode IslandSouth Carolina
TennesseeTexasUtahVermontVirginiaWest VirginiaWisconsinWyomingDistrict of Columbia
Solutions for Video/AudioAudio recording laws – “All party consent” states
Surveillance Solutions in Special Education Classrooms
CaliforniaConnecticutDelaware
FloridaIllinoisMaryland
MassachusettsMichiganMontana
New HampshirePennsylvaniaWashington
Solutions for Video/AudioAudio recording lawsTitle 18, Part 1, Chapter 119 of the US CodeSection 2510 Paragraph 2
Surveillance Solutions in Special Education Classrooms
oral communication means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication.
Solutions for Video/AudioAudio recording lawsInterpretations of lawErr on the side of cautionSpecial laws for students in schoolKnow your law in your stateGet a legal opinion if needed
Surveillance Solutions in Special Education Classrooms
Solutions for Video/AudioSurveillance Solutions in Special Education Classrooms
Audio: ClarityAudio/Video sync Place centrallyAvoid placement near ventClarity is key
Solutions for Video/AudioNVR: Choosing the right oneVideo Management Software (VMS)Manage multiple rooms/locationsTag video eventsShared videoEasily customize systems for customer defined situations
Surveillance Solutions in Special Education Classrooms
Solutions for Video/AudioNVR: Recording Capacity
Western Digital Surveillance Hard Drive Capacity Selector: http://www.wdc.com/en/products/products.aspx?id=1210#Tab2&Tab9
Surveillance Solutions in Special Education Classrooms
Solutions for Video/AudioNVR: Recording CapacityDirect Attached Storage (DAS)Network-Attached Storage (NAS)Storage Area Network (SAN)RAID ConfigurationEdge StorageCloud Storage
Surveillance Solutions in Special Education Classrooms
Privacy lawsFERPA: Family Educational Rights and Privacy Act
Right to review education records within 45 days of requestRight to request an amendment to education recordsConsent to disclosures of personally identifiable info in education recordsRight to file a complaint to the US DoE concerning alleged failures
NOT included in the education recordPrivate notesLaw enforcement or campus security recordsIndividual employment recordsRecords related to medical treatmentRecords about individual obtained after the person is no longer a studentGrades on peer-graded papers not collected and recorded
Surveillance Solutions in Special Education Classrooms
Privacy lawsFERPA: Video
Images of student on security tapesMaintained by a school’s law enforcement unitNOT considered education records under FERPAVideo may be shared with parents of student & with outside LE
Surveillance Solutions in Special Education Classrooms
Privacy lawsFERPA: Video
Surveillance Solutions in Special Education Classrooms
US DoE Brochure: https://www2.ed.gov/policy/gen/guid/fpco/brochures/elsec.pdf
Things to do:Identify which schools & which classrooms meet the requirementEvaluate camera & mic placement by performing a site surveyResearch equipment options – talk with a professionalIdentify number of cameras & storage capacity neededResearch funding sources: solicitations, gifts, grants & donationsDetermine your processes to receive and respond to a requestDetermine a process to develop a form for notificationWatch for further guidance from the education commissionerWatch for creation of a grant program and be prepared to apply
Surveillance Solutions in Special Education Classrooms
Best PracticesAnticipate RequestsEvaluate procurement & funding options nowDon’t rely on grant fundingIdentify responsible district personnelExpect changesConsider designating a ‘law enforcement unit’ to maintain recordings as recommended by the US DoE in regards to FERPA
Surveillance Solutions in Special Education Classrooms
Questions
Q&A
ContactsDavid MartinLENSEC(512) 318-3829dmartin@lensec.com
Keith HarrisLENSEC(512) 913-3907kharris@lensec.com
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