West Virginia school security camera law

Does West Virginia require cameras in schools?

Yes, in self-contained special-education classrooms. A local educational agency (LEA) must place video cameras in self-contained classrooms and audio recording devices in their restrooms. A self-contained classroom is a public-school classroom in which a majority of students in regular attendance receive special-education instruction. State Board Policy 2419 defines it as a classroom where students with the most significant disabilities and similar needs get instruction in all academic subjects for at least 60 percent of their time. The LEA must provide a video camera to each public school for every self-contained classroom. Each school that receives a camera must operate and maintain it in every self-contained classroom. The principal, or an administrator the principal assigns, is custodian of the cameras, audio devices and recordings.

What must the cameras do, and where can't they look?

Classroom cameras must be able to record audio from all areas of the self-contained classroom. They may not monitor a restroom or an area where students change clothes, except incidentally because of the room layout. A restroom with an audio recording device must post a set notice on its door. Cameras and audio devices need not run when students are not present. Parents must be told of any interruption in recording while their child was present.

What notice do parents and staff get?

Before first placing a camera or audio device, the LEA must give written notice, with a copy of the statute, to parents and assigned staff. Parents may opt their child out of restroom audio monitoring.

How long must footage be kept?

Schools must keep special-education classroom video and audio for at least three months after recording. For camera or audio systems installed or replaced after April 1, 2022, recordings must be kept at least 365 days. A recording may not be deleted before the minimum retention period ends. A hold on a requested recording ends once any investigation and proceedings that result from it, including appeals, are complete.

Who may view the recordings?

Special-education classroom recordings are confidential and may be reviewed only by the principal or a designee, except as the statute allows. The principal or a designee must review at least 15 minutes of video and 15 minutes of audio for each self-contained classroom and restroom every 30 calendar days. Schools and LEAs may not use these recordings for listed purposes, including teacher evaluations. Law enforcement officers investigating a reported incident documented by a recording are among those a school must let review it within seven days of a request. For these parties, the school must also comply with later requests for review or release. An agency that receives a copy must keep it strictly confidential and may not release it further without the superintendent's authorization. Schools must take steps to conceal uninvolved students in recordings, such as blurring faces. They must also have procedures to protect student records in recordings under FERPA (the federal student-privacy law).

Do police get access to school cameras?

Each county board must make sure all security data in a school facility is accessible to local law enforcement, and must set access protocols with that agency. The security data that must be accessible includes cameras, maps and access control. This provision does not say whether access is live or recorded, and it does not mention 911 centers or real-time crime centers. The section, part of Alyssa's Law (2026 HB 4798), sunsets by December 31, 2029.

How can schools pay for cameras?

Schools and LEAs may use Safe Schools Fund money or other available funds to meet the special-education camera requirements. Until all school facilities comply with the special-education video requirements, the Department of Education must first allocate Safe Schools Fund money based on the remaining need for video cameras in public school facilities. Safe Schools Fund money goes to county boards, public charter schools and multicounty vocational centers based on need. The state budget appropriated $7,443,900 for Safe Schools for fiscal year 2026 and $6,221,518 for fiscal year 2027. The Alyssa Alhadeff School Safety Fund may pay for mobile panic buttons and similar school safety equipment. County boards seeking school access safety funds must submit a plan, and the use of monitoring systems on exterior doors is one item that plan covers.

What has changed recently?

2026 HB 4995 amended the special-education camera law. The Governor approved it on April 1, 2026, as Chapter 124, and it took effect June 11, 2026. The 2026 amendments to the camera law are designated Oscar's Law. Alyssa's Law (2026 HB 4798), which created the law enforcement access duty, was enacted as Chapter 123 and took effect June 8, 2026. HB 4122 (2026), to require cameras in every classroom and room where children are present, stayed in House Public Education Committee. HB 4449 (2026), permitting cameras in classrooms, and HB 5005 (2026), on liability protection for classroom cameras, also stayed in House Public Education Committee. HB 2779 (2025), to require cameras in every classroom, stayed in House Education Committee.