Title 44. Public Records and Recorders

Chapter 1. Public Records

Part I. Scope

44:3.1.1       School surveillance and security video; limited retention and viewing policy

A. Except as otherwise provided in this Section, the provisions of this Chapter shall not apply to any surveillance and security video of the inside of or covering the area immediately surrounding a building owned, operated, or maintained by a public school board or a charter school. 

B. The governing authority of each public elementary and secondary school, including charter schools, shall adopt a policy governing all surveillance and security video in and around buildings owned, operated, or maintained by the governing authority. Each policy shall contain provisions for all of the following: 

(1) Retaining, storing, and disposing of the recorded video and audio data, including a requirement that the recordings be retained for at least thirty days from the recording date. 

(2) Protecting student privacy and for determining to whom and under what circumstances the recordings may be disclosed, including limiting viewing of the recordings to the appropriate school officials, law enforcement officials investigating an incident, and, upon request, a bona fide news gathering organization covering an incident, and the parent or legal guardian of a recorded student if there was an incident involving that student. 

(3) Procedures regarding how a parent or legal guardian or a bona fide news gathering organization may request to review a recording, and any limitations to a request. 

C. (1) For purposes of this Section, the phrase “parent or legal guardian” shall have the same meaning as provided in R.S. 17:3914. 

(2) For purposes of this Section, the phrase “bona fide news gathering organization” shall mean: 

(a) A newspaper, or news publication, printed or electronic, of current news and intelligence of varied, broad, and general public interest, that has been published for a minimum of one year and that can provide verifiable documentation of membership in a statewide or national press association, as represented by an employee thereof who can provide verifiable documentation of his employment with the newspaper, wire service, or news publication. 

(b) A radio broadcast station, television broadcast station, cable television operator, or wire service as represented by an employee thereof who can provide verifiable documentation of his employment. 

(3) For purposes of compliance with Subsection B of this Section, the surveillance and security video recordings shall not be considered “personally identifiable information” as defined in R.S. 17:3914. 

D. Nothing in this Section shall affect a parent’s or legal guardian’s right to access videos pursuant to R.S. 17:1948. 

Added by Acts 2023, No. 301, § 1, eff. June 13, 2023.