Existing law makes it a crime to engage in surreptitious electronic surveillance on the property of a public school without the knowledge of the person being observed, unless the surveillance is for law enforcement purposes, is part of a system of security or is authorized by the teacher of a class or laboratory. (NRS 393.400) Section 1 of this bill authorizes the parent or legal guardian of a pupil who is regularly present in a classroom of a public school in which a majority of the pupils who are regularly present in the classroom receive special education for a certain percentage of the instructional day to request the installation in the classroom of video cameras that are capable of recording sound. Section 1 requires a school district or the governing body of a charter school to provide such video cameras to a school if such a request is made and requires the school to install such cameras in the classroom. Section 1: (1) provides that such a video camera may be used only to record a classroom during a regular school day; (2) requires that written notice of the video camera be provided to each person likely to be recorded by the video camera and to the parent or legal guardian of a pupil who is or will be regularly present in the classroom; and (3) requires that written notice of the video camera be posted at the entrance to any classroom in which the camera is installed. Before assigning an employee of a public school to a classroom in which a video camera is installed, section 1 requires the principal of the public school to ensure that the employee receives certain training. Section 1 further provides that any recording made pursuant to section 1 is confidential and may only be viewed, released or used if consent is obtained from all persons who appear in the recording and the viewing release or use is: (1) related to certain complaints or investigations; (2) for use by a parent or guardian of a pupil in a legal proceeding; (3) related to possible criminal activity; (4) in response to a subpoena; or (5) related to an employee or contractor of the school district ensuring that the video camera is operating properly. Finally, section 1 requires a recording to be retained by the public school for at least 45 days after the recording is made, unless a civil action or an investigation or proceeding by a government entity is commenced before the recording is destroyed, in which case the recording must be retained until the conclusion of all such actions, investigations and proceedings. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes. Section 3 of this bill makes a conforming change to exclude video cameras installed, operated and maintained pursuant to section 1 from the prohibition against surreptitious electronic surveillance on the property of a public school. Section 4 of this bill makes a conforming change to reflect that the recordings made pursuant to section 1 are confidential.

Statutes affected:
As Introduced: 388.417, 393.400, 239.010
Reprint 1: 388.417, 393.400, 239.010
BDR: 388.417, 393.400, 239.010