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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1545*
HOUSE BILL 1545
F1 6lr3552
By: Delegate Miller
Introduced and read first time: February 13, 2026
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Frederick County – Special Education Video and Audio Recording Program – 2
Established 3
FOR the purpose of establishing the Frederick County Special Education Video and Audio 4
Recording Program for the purpose of installing certain video and au dio recording 5
devices in specialized instructional settings and certain related areas to document 6
certain incidents; and generally relating to the Frederick County Special Education 7
Video and Audio Recording Program. 8
BY adding to 9
Article – Education 10
Section 7–455 11
Annotated Code of Maryland 12
(2025 Replacement Volume and 2025 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Education 15
Section 8–401(a)(1) and (5) 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Education 21
7–455. 22
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
2 HOUSE BILL 1545
(2) “BOARD” MEANS THE FREDERICK COUNTY BOARD OF 1
EDUCATION. 2
(3) “INCIDENT” MEANS THE FOLLOWING BEHAVIORS, SUSPECTED BY 3
A TEACHER, AN AIDE, A PARENT, OR A GUARDIAN OF A STUDENT: 4
(I) BULLYING; 5
(II) ABUSE; 6
(III) NEGLECT OF A STUDENT; OR 7
(IV) HARM TO AN EMPLOYEE OR A STUDENT BY AN E MPLOYEE 8
OR ANOTHER STUDENT. 9
(4) “PROGRAM” MEANS THE FREDERICK COUNTY SPECIAL 10
EDUCATION VIDEO AND AUDIO RECORDING PROGRAM. 11
(5) “SPECIAL EDUCATION” HAS THE MEANING STATED IN § 8–401 OF 12
THIS ARTICLE. 13
(6) “SPECIALIZED INSTRUCTI ONAL SETTING” MEANS ANY SPACE 14
WHERE STUDENTS WITH DISABILITIES RECEIVE SPECIALIZED SERVICES OR CARE 15
FOR AT LEAST 50% OF THE INSTRUCTIONAL DAY, INCLUDING: 16
(I) “EXPRESSIONS” CLASSROOMS; 17
(II) “LEARNING FOR LIFE” CLASSROOMS; AND 18
(III) ANY OTHER ENVIRONMENT DESIGNATED FOR SPECIALIZED 19
DISABILITY SUPPORT. 20
(7) “UNBIASED THIRD PARTY” MEANS: 21
(I) A DESIGNATED REVIEWER WITHIN THE FREDERICK 22
COUNTY PUBLIC SCHOOLS DEPARTMENT OF SAFETY AND EMERGENCY 23
MANAGEMENT; OR 24
(II) AN EXTERNAL ENTITY NOT DIRECTLY ASSIGNED TO THE 25
SCHOOL WHERE A VIDEO OR AUDIO RECORDING ORIGINATED. 26
HOUSE BILL 1545 3
(B) (1) THERE IS A FREDERICK COUNTY SPECIAL EDUCATION VIDEO 1
AND AUDIO RECORDING PROGRAM. 2
(2) THE PROGRAM SHALL BE ADMINISTERED BY THE BOARD. 3
(C) (1) (I) THE BOARD SHALL INSTALL VIDEO RECORDING DEVICES IN 4
ALL SPECIALIZED INSTRUCTIONAL SETTINGS THAT MONITOR ALL ARE AS OF THE 5
SPECIALIZED INSTRUCTIONAL SETTING. 6
(II) A VIDEO RECORDING DEVI CE INSTALLED IN ACCORDA NCE 7
WITH THIS PARAGRAPH MAY NOT RECORD INSID E BATHROOM AREAS OR IN AREAS 8
THAT STUDENTS USE TO CHANGE CLOTHING. 9
(2) THE BOARD SHALL INSTALL AND MA INTAIN AUDIO RECORDI NG 10
DEVICES IN: 11
(I) RESTROOMS; 12
(II) AREAS THAT STUDENTS USE TO CHANGE CLOTHING; AND 13
(III) PLACES OF PHYSICAL CARE ATTACHED TO RESTROOMS AND 14
AREAS THAT STUDENTS USE TO CHANGE CLOTHING. 15
(3) THE FREDERICK COUNTY PUBLIC SCHOOLS DEPARTMENT OF 16
SAFETY AND EMERGENCY MANAGEMENT SHALL OPERATE AND MA INTAIN THE 17
VIDEO AND AUDIO RECORDING DEVICES INSTALLED IN ACCORDA NCE WITH THIS 18
SUBSECTION. 19
(4) AN UNBIASED THIRD PARTY SHALL BE THE CUSTODI AN OF ALL 20
VIDEO AND AUDIO RECORDINGS. 21
(5) FREDERICK COUNTY PUBLIC SCHOOL SYSTEM PERSONNEL MAY 22
NOT BE A POINT OF CO NTACT OR PRIMARY REV IEWER OF VIDEO OR AUDIO 23
RECORDINGS. 24
(6) IF A PERSON DISCOVERS THAT THE OPERATION O F A VIDEO OR 25
AUDIO RECORDING DEVICE HAS BEEN INTERRUPTED, THE PERSON SHALL SUBMIT A 26
WRITTEN REPORT TO THE UNBIASED THIRD PARTY AND THE BOARD THAT INCLUDES 27
A DESCRIPTION OF: 28
(I) HOW THE INTERRUPTION WAS DISCOVERED AND THE 29
LENGTH OF THE INTERRUPTION; AND 30
4 HOUSE BILL 1545
(II) THE REASON FOR THE INTERRUPTION, IF KNOWN. 1
(D) (1) THE BOARD SHALL: 2
(I) PROVIDE WRITTEN NOTICE OF THE USE OF A VIDEO AND 3
AUDIO RECORDING DEVICE: 4
1. TO THE PARENT OR LEGAL GUARDIAN OF EA CH 5
STUDENT SUBJECT TO A RECORDI NG MADE BY A VIDEO O R AUDIO RECORDING 6
DEVICE AT LEAST 10 DAYS BEFORE ACTIVATING THE DEVICE; AND 7
2. IN THE STUDENT HANDBOOK; AND 8
(II) POST A SIGN IN A CONS PICUOUS LOCATION OUTSIDE EACH 9
RESTROOM WHERE AN AUDIO RECORDING DEVICE IS USED. 10
(2) (I) A PARENT OR LEGAL GUAR DIAN MAY REQUEST THAT THE 11
CHILD OF THE PARENT OR LEGAL GUARDIAN BE EXEMPT FROM AUDIO RECORDINGS 12
IN THE AREAS SPECIFIED IN SUBSECTION (C)(2) OF THIS SECTION. 13
(II) A PARENT O R LEGAL GUARDIAN REQUE STING AN 14
EXEMPTION UNDER THIS PARAGRAPH SHALL: 15
1. DOCUMENT THE REQUEST IN THE STUDENT ’S 16
INDIVIDUALIZED EDUCATION PROGRAM OR 504 PLAN; AND 17
2. HAVE THE OPPORTUNITY TO DISCUSS ALTERNATI VE 18
ARRANGEMENTS FOR THE STUDENT’S CARE. 19
(E) (1) VIDEO AND AUDIO RECORDINGS MAY NOT BE LIVE–STREAMED. 20
(2) AN UNBIASED THIRD PARTY SHALL REVIEW AT LEAST 15 MINUTES 21
OF VIDEO AND AUDIO R ECORDINGS FROM EACH AREA SPECIFIED IN SUBSECT ION 22
(C)(1) AND (2) OF THIS SECTION AT LEAST EVERY 90 CALENDAR DAYS. 23
(3) WITHIN 7 DAYS AFTER THE DATE OF AN INCIDENT , THE BOARD 24
MAY AUTHORIZE THE FOLLOWING INDIVI DUALS TO REVIEW THE VIDEO OR AUDIO 25
RECORDING: 26
(I) AN EMPLOYEE OF THE FREDERICK COUNTY PUBLIC 27
SCHOOL SYSTEM; 28
HOUSE BILL 1545 5
(II) THE PARENT OR LEGAL GUARDIAN OF A STUDENT WHO IS 1
THE SUBJECT OF THE INCIDENT; 2
(III) A LAW ENFORCEMENT OFFICER; OR 3
(IV) A REPRESENTATIVE FROM CHILD PROTECTIVE SERVICES. 4
(4) THE BOARD SHALL ENSURE THAT VIDEO AND AUDIO RECORDINGS 5
MADE UNDER THIS SECTION COMPLY WITH FEDERAL PRIVACY LAWS. 6
(F) (1) THE BOARD MAY NOT USE VIDEO OR AUD IO RECORDINGS MADE 7
UNDER THIS SECTION: 8
(I) FOR TEACHER EVALUATIONS; OR 9
(II) TO DOCUMENT A STUDENT IN VIOLATION OF A RULE OR 10
DISCIPLINARY CODE NO T RELATED TO THE INC IDENT, UNLESS THE BOARD 11
DETERMINES THAT THE RECORDING CAPTURES A SEPARATE INCIDENT THAT 12
REQUIRES A SEPARATE INVESTIGATION. 13
(2) RECORDINGS MADE UNDER THIS SECT ION ARE CONFIDENTIAL 14
AND MAY NOT BE USED FOR ANY PURPOSE NOT SPECIFIED IN THIS SECTION. 15
(G) (1) THE FREDERICK COUNTY PUBLIC SCHOOLS DEPARTMENT OF 16
SAFETY AND EMERGENCY MANAGEMENT SHALL RETAIN ALL REC ORDINGS MADE 17
UNDER THIS SECTION FOR AT LEAST 1 YEAR AFTER THE DATE OF THE RECORDING. 18
(2) IF A PARTY REQUESTS A REVIEW OF A RECORDIN G UNDER 19
SUBSECTION (E)(3) OF THIS SECTION , THE BOARD SHALL PRESERVE THE 20
RECORDING FOR 60 DAYS AFTER RECEIVING THE REQUEST AND UNTIL ALL LEGAL 21
AND ADMINISTRATIVE PROCEEDINGS ARE COMPLETE. 22
(3) ALL RECORDINGS MADE UNDER THIS SECTION SHALL BE STORED 23
ON A SECURE, CLOSED NETWORK MANAGED BY THE BOARD. 24
(H) (1) ON OR BEFORE DECEMBER 31, 2029, THE BOARD SHALL INSTALL 25
AT LEAST ONE VIDEO AND AUDIO RECORDING DEVICE IN ALL SPECIALIZED 26
INSTRUCTIONAL SETTINGS. 27
(2) ON OR BEFORE JUNE 30, 2030, THE BOARD SHALL INSTALL VIDEO 28
AND AUDIO RECORDING DEVICES IN CLASSROOMS THAT HAVE STUDENTS WHO ARE 29
PART OF: 30
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(I) THE RESPONSIVE INTERVENTIONS FOR STUDENT 1
EXCELLENCE (RISE) PROGRAM; AND 2
(II) THE PYRAMID PROGRAM. 3
(3) ON OR B EFORE JUNE 30, 2031, THE BOARD SHALL COMPLETE 4
INSTALLATION OF VIDEO AND AUDIO RECORDING DEVICES. 5
(I) ON OR BEFORE JUNE 30, 2032, EACH SCHOOL IN THE C OUNTY SHALL 6
EVALUATE THE PROGRAM AND SUBMIT A REPORT TO THE BOARD AND THE 7
DEPARTMENT ON THE SCHOOL’S PROGRESS TOWARD MEETING PROGRAM GOALS. 8
8–401. 9
(a) (1) In this subtitle the following words have the meanings indicated. 10
(5) “Special education” means specially designed instruction, at no cost to 11
parents, to meet the unique needs of a child with a disability, including: 12
(i) Instruction in the classroom, in the home, in hospitals and 13
institutions, and in other settings; and 14
(ii) Instruction in physical education. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2026. 17