HB 4995 West Virginia House of Delegates · 2026 Regular Session

Require the use of video cameras in certain special education classrooms

HB 4995 requires public schools in West Virginia to install video cameras in self-contained special education classrooms (where most students receive special education services) and audio recording devices in restrooms of those classrooms. The bill mandates that cameras monitor all classroom areas except restrooms for clothing changes, while audio devices must be placed in restrooms with visible notices about the recording. Schools must maintain the equipment, document any malfunctions, and provide recordings to authorized personnel upon request. This law directly affects public school districts operating self-contained special education classrooms, aiming to enhance safety monitoring for students with disabilities.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

House of Delegates Passage

Mar 2026

Senate Passage

Mar 2026

Signed into Law

Jun 2026

Introduced Jan 30, 2026 Signed Jun 29, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

Committee Substitute → Committee Substitute for the Committee Substitute · 4 edits

MODERATE

The bill was amended to expand its scope by adding new provisions regarding the suspension and dismissal of school personnel. It clarifies that recordings can be used to justify suspending or firing staff for misconduct and establishes a mandatory reporting system where principals must immediately report allegations of abuse or safety threats to county superintendents. Additionally, the bill creates a confidential state database to track individuals removed from employment for jeopardizing student safety.

Scope change

The bill's scope expanded from solely regulating video/audio recording retention and review to include new rules on personnel discipline, mandatory reporting of misconduct, and the creation of a state database for tracking suspended or dismissed staff.

REQUIREMENT

Added a requirement for school principals to report allegations of employee misconduct or safety threats to the county superintendent within 24 hours.

Added a duty for county superintendents to report suspensions or dismissals to the state superintendent and maintain a confidential database of these individuals.

ENFORCEMENT

Clarified that video and audio recordings may be used as evidence for the suspension or dismissal of school personnel.

DEFINITION

Added a new section (18A-2-8) detailing specific grounds for suspending or dismissing school employees, including abuse findings and felony convictions.

Introduced Version → Engrossed Committee Substitute for the Committee Substitute · 8 edits · Mar 13, 2026

MODERATE

The bill was significantly amended to expand its scope from solely protecting nonverbal and autistic children to addressing video camera and audio recording laws for all special education self-contained classrooms. The changes clarify that recordings can now be used to suspend or dismiss school personnel, extend the retention period for recordings to two full calendar years for systems installed after April 1, 2022, and reduce the frequency of required administrative reviews from every 90 days to every 30 days. Additionally, a new section was added to Chapter 18A to establish stricter grounds for suspending or dismissing school employees based on abuse findings or felony convictions.

Scope change

The bill's scope expanded from a specific focus on 'Oscar's Law' protections for nonverbal and autistic children to a broader mandate covering video and audio surveillance in all special education self-contained classrooms and restrooms. A new section was also added to the School Personnel chapter to allow for the suspension or dismissal of staff based on findings of abuse or criminal convictions.

SCOPE

Added a new section to Chapter 18A allowing school boards to suspend or dismiss employees based on findings of abuse by the Department of Human Services or felony convictions.

REQUIREMENT

Changed the retention requirement for video and audio recordings from a minimum of three months to at least 365 days for systems installed after April 1, 2022.

Reduced the mandatory review frequency for classroom and restroom recordings from every 90 days to every 30 days.

Allowed video and audio recordings to be used for the suspension and dismissal of school personnel, whereas previously they were restricted to student safety purposes.

Added a requirement for school principals to report alleged employee misconduct jeopardizing student safety to the county superintendent within 24 hours.

DEFINITION

Removed the specific definition of 'Special education' from the bill text, relying instead on the existing statutory definition in §18-20-1 et seq.

Clarified that video cameras must monitor all areas of the self-contained classroom, removing the specific mention of 'sensory rooms' as an example to broaden the scope.

ENFORCEMENT

Established a confidential state database to track individuals suspended or dismissed for jeopardizing student health, safety, or welfare.

Floor votes · Senate Mar 13, 2026 · House of Delegates Mar 4, 2026

How they voted

32–1

Passed

Total votes 33

Mar 13, 2026

D Democratic2

2 Yea

100% Yea

R Republican31

30 Yea 1 Nay

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 1, 2026

Signed into law

Approved by Governor 4/1/2026

lower

Mar 14, 2026

Signed into law

Approved by Governor 4/1/2026 - House Journal

lower

Mar 14, 2026

Signed into law

Approved by Governor 4/1/2026 - Senate Journal

upper

Mar 13, 2026

Upper · Passed

Senate reconsidered and passed bill (Roll No. 552)

upper

Mar 13, 2026

Upper · Passed

Motion to reconsider passage adopted (voice vote)

upper

Mar 13, 2026

Upper · Passed

Passed Senate (Roll No. 551)

upper

Mar 12, 2026

Upper · Passed

Reported do pass

upper

Mar 11, 2026

Committee

On 2nd reading, rereferred to Judiciary

upper

Mar 11, 2026

Committee

Without recommendation, but first rereferred to Judiciary

upper

Mar 5, 2026

Committee

To Judiciary

upper

Mar 5, 2026

Introduced

Introduced in Senate

upper

Mar 4, 2026

Lower · Passed

Passed House (Roll No. 293)

lower

Mar 2, 2026

Lower · Passed

By substitute, do pass

lower

Feb 23, 2026

Committee

To House Judiciary

lower

Feb 23, 2026

Committee

By substitute, do pass, but first to Judiciary

lower

Jan 30, 2026

Committee

To House Education

lower

Jan 30, 2026

Introduced

Introduced in House

lower

Jan 30, 2026

Committee

To Education then Judiciary

lower

1 primary · 10 co-sponsors