New HampshireSchoolTransportation Association  

HB1362  /   Relative to permitting audio and video recording on school buses

  This bill was enacted into law and became effective on June 24, 2006.  It 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.  Under previous legislation, school bus owners and operators were permitted to make video recordings.  The following steps as outlined in the law must be taken prior to the implementation of audio recording on school buses.

 

A)  The school board shall hold a public hearing to determine whether audio recording should be authorized in school buses.

  B)  If this is authorized, the school board shall establish an administrative procedure to address the following:

 

1. The length of time the recording is retained.
2. Ownership of the recording.
3. Limitations on who may listen to the recording.
4. Provisions for erasing or destroying the recording.

  The administrative procedure must adhere to the following:

 

1. The parents or legal guardian of any student against whom a recording is being used as part of a disciplinary proceeding must be permitted to listen to the recording.

 

2. In no event 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 court orders that it be retained for a longer period of time.

 

3. 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.

  C)  The school district must provide notification of the recording to the parents and students as part of the district’s pupil safety and violence prevention policy.

  D)  There must be a sign informing the occupants of such recording prominently displayed on the school bus.

  Please direct any questions to Walter Perry, NHSTA’s executive director at 228-1231.