CHAPTER 87

HB 1372 - FINAL VERSION

9Mar2016... 0459h

2016 SESSION

16-2588

08/05

HOUSE BILL 1372

AN ACT permitting a child with a disability to use audio or video recording devices in the classroom.

SPONSORS: Rep. Cordelli, Carr. 4; Rep. Grenier, Sull. 7; Rep. Boehm, Hills. 20; Rep. Massimilla, Graf. 1; Rep. Harris, Rock. 9; Rep. V. Sullivan, Hills. 16; Rep. Adams, Hills. 26; Sen. Avard, Dist 12; Sen. Stiles, Dist 24

COMMITTEE: Education

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ANALYSIS

This bill permits a child with a disability to use audio or video recording devices in the classroom.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2016... 0459h 16-2588

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT permitting a child with a disability to use audio or video recording devices in the classroom.

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

87:1  Student Information Protection and Privacy.  Amend RSA 189:68, IV to read as follows:

IV.  No school shall record in any way a school classroom for [any] the purpose of teacher evaluations without school board approval after a public hearing, and without written consent of the teacher and the parent or legal guardian of each affected student.

V.(a)  Nothing in this section shall preclude the use of audio or video recordings for use with or by a child with a disability, or by such child’s teacher or service provider when the child’s individualized education program or accommodation plan includes audio or video recording as part of the child’s special education, related services, assistive technology service, or methodology, so long as such audio or video recordings are made, used, and maintained in accordance with the Family Education Rights and Privacy Act, 20 U.S.C. section 1232g, and applicable state law.  

(b)  Nothing in this section shall preclude the use of audio or video recordings for student instructional purposes.

(c)  Nothing in this section shall preclude the use of audio or video recordings for use in the instruction of teacher interns or student teachers after written notification to the parent or legal guardian of each affected student as to the purpose of, and privacy policy for, the recordings.

87:2  Effective Date.  This act shall take effect upon its passage.

Approved: May 19, 2016

Effective Date: May 19, 2016