711 VIDEOTAPING ON SCHOOL BUSES

I. PURPOSE

The transportation of students to and from school is an important function of the school district, and transportation by the school district is a privilege and not a right for an eligible student. The behavior of students on the bus is a significant factor in the safety and efficiency of school bus transportation. Student misbehavior increases the potential risks of injury. Therefore, the school district believes that videotaping student passengers on the school bus will encourage good behavior and, as a result, promote safety. The purpose of this policy is to establish a school bus videotaping system.

II. GENERAL STATEMENT OF POLICY

A. Placement.

1. Each and every school bus owned, leased, contracted and/or operated by the school district shall be equipped with a fully-enclosed box for placement and operation of a video camera and conspicuously placed signs notifying riders that their conversations or actions may be recorded on tape.

2. A video camera will not necessarily be installed in each and every school bus owned, leased, contracted and/or operated by the school district, but cameras may be rotated from bus to bus without prior notice to students.

3. Video cameras will be placed on a particular school bus, to the extent possible, where the school district has received complaints of inappropriate behavior.

B. Use of Videotape.

1. A videotape of the actions of student passengers may be used by the school district as evidence in any disciplinary action brought against any student, arising out of the student's conduct on the bus.

2. A videotape will be released to the public only in conformance with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g and the rules and/or regulations promulgated thereunder.

3. Videotapes will be viewed by school district personnel on a random basis and/or when discipline problems on the bus have been brought to the attention of the school district.

4. A videotape will be retained by the school district for a period of six (6) weeks, or until the conclusion of disciplinary proceedings in which the video tape is used for evidence.

Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)

Minn. Stat. § 121A.585 (Notice of Recording Device)

Minn. Rules Pts. 1205.0100-1205.2000.

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

34 C.F.R. Secs. 99.1-99.67

Cross References: Policy 506 (Student Discipline)

Policy 515 (Protection and Privacy of Student Records)

Policy 709 (Student Transportation Safety Policy)

MSBA/MASA Service Manual, Chapter 10, Transportation