AB 614 School districts: governing boards: video survei BILL NUMBER: AB 614 ENROLLED 09/09/99 BILL TEXT PASSED THE ASSEMBLY SEPTEMBER 9, 1999 PASSED THE SENATE SEPTEMBER 7, 1999 AMENDED IN SENATE SEPTEMBER 1, 1999 AMENDED IN SENATE AUGUST 24, 1999 AMENDED IN SENATE JULY 8, 1999 AMENDED IN ASSEMBLY MAY 28, 1999 INTRODUCED BY Assembly Member Runner FEBRUARY 19, 1999 An act to add Section 35186 to the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGEST AB 614, Runner. School districts: governing boards: video surveillance. Under existing law, the governing board of a school district may initiate and carry on any program, activity, or may otherwise act in any manner that is not in conflict with or inconsistent with, or preempted by, any law that is not in conflict with the purposes for which school districts are established. This bill would prohibit the governing board of a school district from causing a video or surveillance camera to be installed and operated in any place on a schoolsite unless the board first adopts a policy concerning the installation and operation of video or surveillance cameras. The bill would require that policy, in addition to any other provisions, to contain a stated purpose for the need to conduct surveillance at the schoolsite and a requirement that notice be posted at any schoolsite where a video or surveillance camera may be operated, notifying persons entering the schoolsite that their activities may be monitored or recorded. This bill would also require a governing board that has already caused a video or surveillance camera to be installed and operated in any place on a schoolsite to adopt a policy concerning the installation and operation of the video or surveillance camera or cease to operate the video or surveillance camera until the policy is adopted, thereby imposing a state-mandated local program. The bill would require any schoolsite with a video or surveillance camera installed that has not adopted a policy at a public hearing by February 1, 2000, concerning the installation and operation of a video or surveillance camera to remove that camera from the schoolsite, thereby imposing a state-mandated local program. The bill would provide that the policy may not be in conflict with state policy regarding the establishment of a uniform system of evaluation and assessment of all certificated personnel within each school district of the state. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. SECTION 1. Section 35186 is added to the Education Code, to read: 35186. (a) The governing board of a school district may not cause a video or surveillance camera to be installed and operated in any place on a schoolsite unless the board first adopts at a public hearing a policy concerning the installation and operation of video or surveillance cameras. (b) A governing board that, on the effective date of this section, has already caused a video or surveillance camera to be installed and operated in any place on a schoolsite shall, by January 1, 2000, adopt at a public hearing a policy concerning the installation and operation of the video or surveillance camera or cease to operate the video or surveillance camera until the policy is adopted at a public hearing. (c) A policy adopted by a school district governing board pursuant to this section may not be in conflict with state policy that is set forth in Section 44660 regarding the establishment of a uniform system of evaluation and assessment of all certificated personnel within each school district of the state. Any schoolsite with a video or surveillance camera installed that has not adopted a policy at a public hearing by February 1, 2000, concerning the installation and operation of a video or surveillance camera shall remove the video or surveillance camera from the schoolsite. (d) A policy adopted by a school district governing board pursuant to this section shall contain, in addition to any other provisions, a stated purpose for the need to conduct surveillance at the schoolsite and a requirement that notice be posted at any schoolsite where a video or surveillance camera may be operated, notifying persons entering the schoolsite that their activities may be monitored or recorded. (e) It is not the intent of the Legislature in adopting this section to affect any claim or lawsuit that currently exists or may arise out of video surveillance or monitoring activities conducted prior to a school district governing board adopting a policy regarding schoolsite video or surveillance cameras. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Searching keywords: (statusen) (authorRunner) (HooA)