Public Schools - Self-Contained Special Education Classrooms - Use of Video Recording Devices

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0051*

SENATE BILL 51
F1 6lr1376
SB 665/21 – EHE (PRE–FILED)
By: Senator Folden
Requested: October 28, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Public Schools – Self–Contained Special Education Classrooms – Use of Video 2
Recording Devices 3

FOR the purpose of requiring each county board of education, beginning in a certain school 4
year, to install and provide notice of the use of certain video recording devices in 5
self–contained special education classrooms, subject to certain requirements; 6
prohibiting a county board from storing a certain video recording for a certain 7
amount of time except under certain circumstances; establishing certain reporting 8
requirements in the event of an interruption of a certain video recording; 9
establishing require ments for the review and dissemination of a certain video 10
recording by certain persons under certain circumstances; requiring a county board 11
to make a reasonable attempt to conceal the identity of a certain student; prohibiting 12
the State Department of Educ ation, a county board, a school, or a principal from 13
using a certain video recording device for a certain purpose; and generally relating 14
to the use of video recording devices in self–contained special education classrooms. 15

BY adding to 16
Article – Education 17
Section 7–455 18
Annotated Code of Maryland 19
(2025 Replacement Volume and 2025 Supplement) 20

BY repealing and reenacting, without amendments, 21
Article – Education 22
Section 8–401(a)(1) and (5) 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2025 Supplement) 25

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
2 SENATE BILL 51

Article – Education 1

7–455. 2

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4

(2) “EXCLUSION AREA ” MEANS A SUPERVISED AREA TO W HICH A 5
STUDENT WHO RECEIVES INSTRUCTION IN A SELF–CONTAINED SPECIAL EDUCATION 6
CLASSROOM IS TAKEN FOR A LIMITED PERIOD OF TIME TO REGAIN SELF–CONTROL. 7

(3) “SPECIAL EDUCATION” HAS THE MEANING STATED IN § 8–401 OF 8
THIS ARTICLE. 9

(4) “SPECIAL EDUCATION CLA SSROOM” MEANS A CLASSROOM IN A 10
PUBLIC SCHOOL IN WHICH A MAJORITY OF THE REGULARLY ATTENDING STUDENTS 11
ARE PROVIDED SPECIAL EDUCATION INSTRUCTION, INCLUDING STUDENTS WHO ARE 12
CLASSIFIED PRIMARILY AS CERTIFICATE TRACK, ARE PRIMARILY NONVERBAL, AND 13
ARE PARTICIPATING IN LIFE SKILLS OR COMMUNITY–BASED PROGRAMMING. 14

(B) (1) BEGINNING IN THE 2026–2027 SCHOOL YEAR , EACH COUNTY 15
BOARD SHALL INSTALL AT LEAST ONE VIDEO R ECORDING DEVICE IN E ACH 16
SELF–CONTAINED SPECIAL EDUCATION CLASSROOM. 17

(2) A VIDEO RECORDING DEVIC E UNDER THIS SUBSECT ION SHALL 18
RECORD: 19

(I) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 20
SUBSECTION, ALL AREAS OF THE SEL F–CONTAINED SPECIAL ED UCATION 21
CLASSROOM, INCLUDING ALL EXCLUSION AREAS; AND 22

(II) DURING SCHOOL HOURS A ND AT A NY TIME THE 23
SELF–CONTAINED SPECIAL EDUCATION CLASSROOM OR EXCLUSION AREA IS IN USE. 24

(3) A VIDEO RECORDING DEVI CE UNDER THIS SECTIO N MAY NOT 25
RECORD INSIDE BATHROOM AREAS OR IN AREAS THAT STUDENTS USE TO CHANGE 26
CLOTHING. 27

(C) EACH COUNTY BOARD SHALL PROVIDE NOTICE OF THE USE OF A VIDEO 28
RECORDING DEVICE IN A SELF–CONTAINED SPECIAL EDUCATION CLASSROOM BY: 29

(1) POSTING A SIGN IN A C ONSPICUOUS LOCATION OUTSIDE EACH 30
SENATE BILL 51 3

SELF–CONTAINED SPECIAL ED UCATION CLASSROOM WH ERE A VIDEO RECORDIN G 1
DEVICE IS USED; 2

(2) PROVIDING A WRITTEN N OTICE TO THE PARENT OR LEGAL 3
GUARDIAN OF EACH STUDENT WHO RECEIVES INSTRUCTION IN A SELF–CONTAINED 4
SPECIAL EDUCATION CLASSROOM; AND 5

(3) PROVIDING WRITTEN NOT ICE IN THE STUDENT H ANDBOOK OF 6
THE USE OF VIDEO RECORDING DEVICES. 7

(D) (1) UNLESS A COUNTY BOARD RECEIVES A REQUEST T O VIEW OR 8
STORE A PARTICULAR V IDEO RECORDING, THE COUNTY BOARD MAY NOT STORE A 9
VIDEO RECORDING MADE UNDER THIS SECTION FOR MORE THAN 6 MONTHS AFTER 10
THE DATE OF THE RECORDING. 11

(2) IF A REQUEST IS MADE UNDER PAR AGRAPH (1) OF THIS 12
SUBSECTION, THE COUNTY BOARD SHALL STORE THE VIDEO RECORDING UNTIL THE 13
REASON FOR THE REQUEST IS RESOLVED. 14

(3) IF A VIDEO RECORDING IS TO BE USED AS EVIDENCE TO SUPPORT 15
OR REFUTE A COMPLAINT AGAINST A STUDENT, AN EMPLOYEE, OR A CONTRACTOR, 16
THE COUNTY BOARD SHA LL RETAIN THE PORTIO N OF THE VIDEO RECOR DING 17
RELATED TO THE COMPL AINT FOR AT LEAST 1 YEAR AFTER THE DATE THE 18
COMPLAINT IS MADE. 19

(E) (1) IF A PERSON DISCOVERS THAT THE OPERATION O F A VIDEO 20
RECORDING DEVICE HAS BEEN INTERRUPTED , THE PERSON SHALL SUBM IT A 21
WRITTEN REPORT TO TH E PRINCIPAL OF THE S CHOOL THAT INCLUDES A 22
DESCRIPTION OF: 23

(I) HOW THE INTERRUPTION WAS DISCOVERED AND T HE 24
LENGTH OF THE INTERRUPTION; AND 25

(II) THE REASON FOR THE INTERRUPTION, IF KNOWN. 26

(2) A PRINCIPAL SHALL MAIN TAIN A REPORT SUBMIT TED UNDER 27
PARAGRAPH (1) OF THIS SUBSECTION F OR 1 YEAR AFTER THE DATE OF THE 28
SUBMISSION OF THE REPORT. 29

(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 30
VIDEO RECORDING MADE IN ACCORDANCE WITH T HIS S ECTION IS CONFIDENTI AL 31
AND MAY NOT BE VIEWED, SHARED, OR DISSEMINATED IN ANY MANNER. 32

4 SENATE BILL 51

(2) EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION, THE 1
FOLLOWING PERSONS MAY VIEW A VIDEO RECORDING MADE UNDER THIS SECTION: 2

(I) A MEMBER OF THE SCHOOL ADMINISTRATION; 3

(II) A SCHOOL RESOURCE OFFICER; 4

(III) A REPRESENTATIVE FROM CHILD PROTECTIVE SERVICES; 5
AND 6

(IV) A LAW ENFORCEMENT AGENCY. 7

(G) (1) ON COMPLAINT OR REPORT TO THE SCHOOL, COUNTY BOARD, OR 8
OTHER LEGAL AUTHORIT Y FROM AN EMPLOYEE , A CONT RACTED EMPLOYEE , A 9
PARENT, OR ANY OTHER INTERES TED PARTY REGARDING AN INCIDENT THAT 10
OCCURRED IN THE SELF–CONTAINED SPECIAL EDUCATION CLASSROOM WHILE THE 11
VIDEO DEVICE WAS RECORDING, THE SCHOOL ADMINISTRATION SHALL REVIEW THE 12
VIDEO RECORDING NOT MORE THAN 3 DAYS AFTER THE DATE THE COMPLAINT OR 13
REPORT WAS MADE. 14

(2) AFTER REVIEW OF THE V IDEO RECORDING , IF THE SCHOOL 15
ADMINISTRATION OR , IF APPLICABLE , A REPRESENTATIVE FRO M CHILD 16
PROTECTIVE SERVICES BELIEVES THAT THE VIDEO RECORDING SHOWS POTENTIAL 17
CRIMINAL CON DUCT, THE VIDEO SHALL BE M ADE AVAILABLE ONLY T O A LAW 18
ENFORCEMENT AGENCY FOR AN INVESTIGATION. 19

(3) AT THE CONCLUSION OF AN INVESTIGATION BY A LAW 20
ENFORCEMENT AGENCY U NDER PARAGRAPH (2) OF THIS SUBSECTION , AND ON 21
REQUEST OF THE STUDE NT OR PARENT OF THE STUDENT TO WHOM THE V IDEO 22
RECORDING DIRECTLY RELATES, THE SCHOOL ADMINISTRATION SHALL ALLOW THE 23
STUDENT OR PARENT TO INSPECT AND REVIEW THE VIDEO RECORDING. 24

(H) (1) IF A SCHOOL ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL 25
OBSERVES AN ACTION THAT COULD BE CONSIDERED THE ABUSE OR NEGLECT OF A 26
STUDENT IN A SELF –CONTAINED SPECIAL EDUCATION CLASSROOM OR EXCLUSION 27
AREA, THE SCHOOL ADMINISTRATOR OR EMPLOYEE SHALL REPORT THE ACTION IN 28
ACCORDANCE WITH ANY APPLICABLE CHILD ABU SE AND NEGLECT REPOR TING 29
GUIDELINES. 30

(2) ON RECEIVING A REPORT UNDER PARAGRAPH (1) OF THIS 31
SUBSECTION, A PRINCIPAL SHALL NO TIFY A PARENT OR LEG AL GUARDIAN OF THE 32
STUDENT WHO IS THE S UBJECT OF THE REPORT WITHIN 24 HOURS AFTER 33
RECEIVING THE REPORT. 34
SENATE BILL 51 5

(I) A COUNTY BOARD SHALL MAKE A REASONABLE ATTEMPT TO CONCEAL 1
THE IDENTITY OF ANY STUDENT WHO APPEARS IN A VIDEO RECORDING MADE UNDER 2
THIS SECTION WHO IS NOT INVOLVED IN THE INCIDENT FOR WHICH T HE VIDEO 3
RECORDING IS BEING VIEWED. 4

(J) THE DEPARTMENT, A COUNTY BOARD, A SCHOOL, OR A PRINCIPAL MAY 5
NOT USE A VIDEO RECORDING DEVICE TO MONITOR THE PERFORMANCE OF SCHOOL 6
EMPLOYEES. 7

(K) A COUNTY BOARD MAY SOL ICIT AND ACCEPT GIFT S, GRANTS, AND 8
DONATIONS FROM ANY P ERSON TO BE USED TOW ARD THE INSTALLATION AND 9
OPERATION OF A VIDEO RECORDING DEVICE UNDER THIS SECTION. 10

(L) ALL VIDEO RECORDING DEVICES UNDER THIS SECTION SHALL COMPLY 11
WITH FEDERAL FIRE AND SAFETY STANDARDS. 12

(M) (1) EACH YEAR, A COUNTY BOARD SHALL COLLECT DATA ON: 13

(I) THE NUMBER OF REQUEST S TO VIEW A VIDEO RE CORDING 14
MADE UNDER THIS SECTION; AND 15

(II) THE IDENTITY OF THE PERSON THAT MADE A REQUEST. 16

(2) BEGINNING JANUARY 1, 2027, AND EACH JANUARY 1 17
THEREAFTER, A COUNTY BOARD SHALL SUBMIT A REPORT TO THE DEPARTMENT ON 18
THE DATA COLLECTED U NDER PARAGRAPH (1) OF THIS SUBSECTION F OR THE 19
IMMEDIATELY PRECEDING CALENDAR YEAR. 20

(N) THE DEPARTMENT SHALL ADOPT REGULATIONS NECESSARY TO CARRY 21
OUT THE PROVISIONS OF THIS SECTION. 22

8–401. 23

(a) (1) In this subtitle the following words have the meanings indicated. 24

(5) “Special education” means specially designed instruction, at no cost to 25
parents, to meet the unique needs of a child with a disability, including: 26

(i) Instruction in the classroom, in the home, in hospitals and 27
institutions, and in other settings; and 28

(ii) Instruction in physical education. 29

6 SENATE BILL 51

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2026. 2