- Last Updated: 30 June 2021 30 June 2021
|Policies and Regulations||NEPN Code: ECA-R
The Sioux Falls School Board authorizes the use of video surveillance equipment on Sioux Falls School District property to enhance the safety of students and others on school premises and to deter inappropriate behavior.
In dealing with surveillance of students and employees, the Board recognizes both its obligation to provide appropriate levels of supervision in the interests of safety and the fact that students and employees have privacy rights that are reduced but not eliminated while under the supervision of the school. Thus video surveillance, like other forms of supervision, must be carried out in a way that respects privacy rights.
A video recording is subject to the provisions of the Family Education Rights and Privacy Act (FERPA).
Video surveillance cameras may be used to monitor and/or record in locations authorized by the Superintendent or designee. Public notification signs must be prominently displayed, indicating the use of video surveillance.
Video surveillance is not to be ordinarily used in locations where appropriate confidential or private activities/functions are routinely carried out (e.g., bathrooms, private conference/meeting rooms). The Superintendent or designee must authorize an exception to this on the grounds that no other supervision option is feasible and that the pressing need outweighs the privacy interest of the student or other person likely to be observed. Surveillance of such locations may not be authorized on an ongoing basis.
Access and Security
Only a designated employee or agent of the District will install surveillance cameras. Only designated school officials shall have access to the camera equipment and operations system. For the purposes of this policy, school officials include school administrators, school employees designated by school administrators, and school resource officers. Only these school officials shall handle the camera or copies of video segments. Video copies shall be stored in a secure area. Video copies may never be sold, publicly viewed or distributed in any other fashion except as approved for by this policy and/or relevant legislation.
Viewing of Video Recordings
Video monitors used to view video recordings should not be located in a position that enables public viewing. Video recordings may only be viewed by school officials or agents responsible for the technical operations of the system (for technical purposes only).
Use of Video Recordings for Disciplinary Action
Video recordings may be used as a basis for student or employee disciplinary action. Video surveillance recordings involving students are considered to be educational records under FERPA. Consent must be given in order to disclose information contained on video recordings obtained through video surveillance, except to the extent that FERPA authorizes disclosure without consent. Viewing may be refused or limited where viewing would be an unreasonable invasion of a third party’s personal privacy, give rise to a concern for the safety of a third party or where protected from disclosure by law. All viewing requests must be submitted in writing.
Retention of Video Recordings
A copy of a video recording shall be made when an incident results in a long-term suspension, a student injury resulting in follow-up medical care, or there is a prospect of a legal claim against the District. The copy of the video recording shall be sent to the Superintendent or designee to be kept in a secure location. If a recording is used in the making of a decision about a student or employee, the recording must be kept for a minimum of one year, unless earlier erasure is authorized by or on behalf of the individual.
For all other purposes video recordings shall be maintained for at least two weeks and then erased unless they are being retained as indicated in the preceding paragraph or at the request of the building principal or school official.
Emergency Use of Video Surveillance Systems Equipment
In the event of an active threat, first responders, and other emergency personnel, may be granted access to camera equipment, operations system, and video recordings with the approval of the Superintendent, or Designee, and under the oversight of video access authorized District personnel. An active threat is an emergency, or other situation, reasonably appearing to pose an imminent threat to the safety and security of a school, or other District property, including, but not limited to: deaths, accidents, or disasters.
Each building principal is responsible for the proper implementation and control of the video surveillance system. The Superintendent or designee shall conduct an annual review to ensure that this policy and procedures are being followed.
Family Educational Rights and Privacy Act 20 U.S.C. §1232g; 34 C.F. R. Part 99