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West VirginiaHB 49952026 Regular SessionHouseWALLET

Require the use of video cameras in certain special education classrooms

Sponsored By: Carl Martin (Republican)

Signed by Governor

§18-20-11§49-1-210

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Cameras and bathroom audio in special education

The law requires a camera in every self‑contained special education classroom and an audio recorder in that classroom’s restroom. Schools had to install bathroom audio by August 1, 2023; the state may grant a waiver until August 1, 2024. Devices run only when students are present, and cameras may not monitor restrooms or changing areas. Each restroom door must post a notice, and the principal is the custodian of all devices and recordings. Before placement, parents and staff get written notice; parents can opt a child out of bathroom audio and the IEP/504 must document it. If recording stops, the school must explain why and how long, tell affected parents, and keep the note for at least one year. Schools may use the Safe Schools Fund, other funds, or donations, and the law does not create new lawsuits against schools.

Privacy, access, and reviews of recordings

Recordings are confidential. A principal or designee must review at least 15 minutes of video and 15 minutes of audio for each covered room every 30 days. Involved staff, parents of involved students, and investigators can review a related recording within seven days; law enforcement or child services also get timely access under strict confidentiality. Schools must hide uninvolved students and protect records under FERPA, and this law does not limit your FERPA access to other recordings. Schools keep recordings at least three months, or 365 days for systems installed or replaced after April 1, 2022, and hold them longer if someone asks to review or if a case is pending. If a reviewer sees possible abuse, they must report it within 24 hours. Footage found during a review cannot be used to punish unrelated student rule breaks. Schools cannot use these recordings for teacher evaluations. Anyone may appeal to the State Board, which must grant a hearing within 45 days. Technicians may incidentally see recordings while doing installation, maintenance, or retention work.

Faster action on school staff misconduct

Boards can suspend or dismiss staff for listed causes, and must suspend, place on leave, or reassign a worker once a safety‑related investigation starts. A charge of unsatisfactory performance must come from a formal evaluation, and written charges must be served within two days. An employee has five days after written notice to request a level‑three hearing; certain abuse findings or felony convictions can support dismissal and limit grievance relief. Principals must report alleged conduct that risks students to the county superintendent within 24 hours, and boards must investigate even without a DHS finding or a criminal case. Boards must finish investigations even if the employee resigns. Superintendents must report suspensions, dismissals, or resignations during an investigation to the state within seven business days, and the state keeps a confidential database for hiring checks. Suspended employees may attend public events and, if they are family, enter school for normal parent duties unless that would risk safety, disrupt learning, or harm an investigation.

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Sponsors & Cosponsors

Sponsor

  • Carl Martin

    Republican • House

Cosponsors

  • Eric Brooks

    Republican • House

  • Dana Ferrell

    Republican • House

  • Michael Hornby

    Republican • House

  • Kump

    Affiliation unavailable

  • Phil Mallow

    Republican • House

  • Margitta Mazzocchi

    Republican • House

  • Chris Phillips

    Republican • House

  • Andy Shamblin

    Republican • House

  • Christopher W. Toney

    Republican • House

  • Jimmy Willis

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 160 • No: 1

Senate vote • 3/13/2026

Senate reconsidered and passed bill (Roll No. 552)

Yes: 34 • No: 0

Senate vote • 3/13/2026

Passed Senate (Roll No. 551)

Yes: 33 • No: 1

House vote • 3/4/2026

Passed House (Roll No. 293)

Yes: 93 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/25/2026

    3/25/2026House

  3. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  4. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  5. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  6. On 3rd reading with right to amend

    3/13/2026Senate

  7. Read 3rd time

    3/13/2026Senate

  8. Passed Senate (Roll No. 551)

    3/13/2026Senate

  9. Motion to reconsider passage adopted (voice vote)

    3/13/2026Senate

  10. Senate reconsidered and passed bill (Roll No. 552)

    3/13/2026Senate

  11. Communicated to House

    3/13/2026Senate

  12. Completed legislative action

    3/13/2026Senate

  13. Reported do pass

    3/12/2026Senate

  14. Immediate consideration

    3/12/2026Senate

  15. Read 2nd time

    3/12/2026Senate

  16. Without recommendation, but first rereferred to Judiciary

    3/11/2026Senate

  17. Immediate consideration

    3/11/2026Senate

  18. Read 1st time

    3/11/2026Senate

  19. On 2nd reading, rereferred to Judiciary

    3/11/2026Senate

  20. Introduced in Senate

    3/5/2026Senate

  21. To Judiciary

    3/5/2026Senate

  22. To Judiciary

    3/5/2026Senate

  23. On 3rd reading, Special Calendar

    3/4/2026House

  24. Read 3rd time

    3/4/2026House

  25. Passed House (Roll No. 293)

    3/4/2026House

Bill Text

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