HB1362: relative to permitting audio and video recording on school buses.

CHAPTER 69

HB 1362 – FINAL VERSION

02Feb2006… 0586h

2006 SESSION

06-2433

05/09

HOUSE BILL 1362

AN ACT relative to permitting audio and video recording on school buses.

SPONSORS: Rep. Winchell, Rock 6; Rep. S. L'Heureux, Merr 9; Rep. Knowles, Straf 6; Rep. Movsesian, Hills 22; Sen. Martel, Dist 18; Sen. Letourneau, Dist 19; Sen. Morse, Dist 22

COMMITTEE: Education

AMENDED ANALYSIS

This bill permits a school bus owner or operator to make an audio recording of a student on a school bus if the school board, after a public hearing, authorizes the recording and the parents and students are notified of the recording.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02Feb2006… 0586h

06-2433

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to permitting audio and video recording on school buses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

69:1 New Subparagraph; Capture of Audio on School Buses Allowed. Amend RSA 570-A:2, II by inserting after subparagraph (j) the following new subparagraph:

(k)(1) The owner or operator of a school bus, as defined in RSA 259:96, to make an audio recording in conjunction with a video recording of the interior of the school bus while students are being transported to and from school or school activities, provided that the school board authorizes audio recording, the school district provides notification of such recording to the parents and students as part of the district’s pupil safety and violence prevention policy required under RSA 193-F:3, I(b), and there is a sign informing the occupants of such recording prominently displayed on the school bus.

(2) Prior to any audio recording, the school board shall hold a public hearing to determine whether audio recording should be authorized in school buses, and if authorized, the school board shall establish an administrative procedure to address the length of time which the recording is retained, ownership of the recording, limitations on who may listen to the recording, and provisions for erasing or destroying the recording. Such administrative procedure shall permit the parents or legal guardian of any student against whom a recording is being used as part of a disciplinary proceeding to listen to the recording. In no event, however, shall the recording be retained for longer than 10 school days unless the school district determines that the recording is relevant to a disciplinary proceeding, or a court orders that it be retained for a longer period of time. An audio recording shall only be reviewed if there has been a report of an incident or a complaint relative to conduct on the school bus, and only that portion of the audio recording which is relevant to the incident or complaint shall be reviewed.

69:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: April 25, 2006

Effective: June 24, 2006