BESE legislative committee backs amendments to expand LDOE oversight of seclusion, restraint and special‑education classroom cameras

The State Board of Elementary and Secondary Education Legislative and Governmental Affairs Committee on Oct. 12 recommended that the full BESE board seek legislation to (1) give the Louisiana Department of Education explicit authority to monitor school systems’ use of seclusion and restraint for students with disabilities and (2) clarify LDOE’s responsibility to review special‑education (SPED) classroom camera policies and require school systems to notify parents on their websites of the right to request cameras in self‑contained classrooms. The motion was made by Miss Champagne, seconded by Dr. Armstrong, and carried with no objections.

The move follows a legislative auditor’s report on incidents of seclusion, restraint, abuse and mistreatment of children with disabilities that included several “matters for legislative consideration” recommending changes to statute to strengthen oversight and data quality. The auditor’s recommendations included: giving LDOE explicit monitoring authority; requiring a verification process to ensure accuracy of reported incidents; clarifying LDOE’s review of required school policies; and annual statewide reporting.

Committee discussion focused on the scope of any statutory change, the likely need for additional staff and funding, and limits on LDOE’s role. A committee member read items from the auditor’s report, saying, “The legislature may wish to consider amending state law to give LDOE the explicit authority to monitor school systems’ use of seclusion and restraint,” and noted related recommendations to require verification and policy review. Committee members repeatedly stressed that any bill would likely carry a fiscal note because the department would need resources to implement monitoring and verification.

Superintendent Bromley told the committee there is no federal requirement governing seclusion and restraint and that authority and expectations for monitoring are established under Louisiana law. He said the content and workload of monitoring would depend entirely on the language of any future bill: “it would depend on the legislation that’s crafted and what it says they want us to do.”

On video policies, committee members discussed RS 17:19:48 (the current statute governing SPED classroom cameras) and two possible approaches: preserve the current parent‑request model but strengthen review and notification requirements, or require systems to install cameras more broadly. Committee members noted statutory care is needed around privacy, parental access to footage and whether the department should function as a system‑level legal reviewer. The committee discussed a previously allocated $8 million for cameras and noted 10 percent (about $800,000) had been identified for camera upkeep, indicating funding had been provided to districts to avoid an unfunded mandate; the committee record did not specify which official gave that dollar figure.

Committee members asked BESE staff to seek a legislative author to draft or sponsor amendments that would address the auditor’s matters for legislative consideration and to work with LDOE on language and implementation timelines. Staff and several members noted the bill‑writing process would produce a fiscal note that the legislature’s fiscal office would review.

The committee voted to recommend that the full BESE board approve advancement of two proposed amendments: one centered on RS 17:416.21 (seclusion and restraint monitoring and reporting) and one centered on RS 17:19:48 (SPED camera policy review and parent notification). The committee also directed BES E staff to identify a suitable author to sponsor the amendments in the earliest available legislative session.

Next steps identified in committee discussion included: drafting statutory language in consultation with LDOE and BESE staff, securing a legislative author, and obtaining a fiscal note once the bill is filed. Committee members cautioned that statutory drafting should avoid placing LDOE in a role of providing legal counsel to individual school systems.