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RULE §707.623Will we notify school officials once the investigation is completed?

(a) Yes. After the completion of an investigation, we are statutorily required to provide a report of the investigation, redacted to remove the identity of the reporter, to either:

  (1) The Texas Education Agency (Director of Education Investigations) for an investigation concerning an employee of a public or charter school; or

  (2) The school's chief executive officer for an investigation concerning an employee of a private school, unless the chief executive officer is the alleged perpetrator.

(b) On request, we must also provide a redacted copy of the report to the following:

  (1) State Board for Educator Certification;

  (2) President of the local school board or local governing body for the school;

  (3) The superintendent of the school district unless the superintendent is the alleged perpetrator; and

  (4) The school principal, unless the principal is the alleged perpetrator.

(c) If the overall investigation disposition is "reason-to-believe", the report must include information about the designated perpetrator's right to challenge the disposition through an administrative review of the investigation findings (ARIF), and through the Office of Consumer Relation's review of perpetrator designation conducted pursuant to division 3 of chapter 702 of this title (relating to Office of Consumer Affairs Review of Perpetrator Designation), if the finding is upheld at the ARIF. The report must also state that DFPS will notify any entity listed in subsections (a) and (b) of this section, that originally received a copy of the report of the investigation in the event that the dispositions are changed as a result of an ARIF or other challenge.

(d) Notwithstanding any other provision in this section, we are not required to provide notice to a school official if we administratively close a report of abuse or neglect prior to notifying school officials under §707.611 of this subchapter (relating to Who do we notify when we receive a report of child abuse or neglect in a school setting) that DFPS received a report of abuse or neglect in the school setting.

Source Note: The provisions of this §707.623 adopted to be effective July 15, 2020, 45 TexReg 4780; amended to be effective September 22, 2022, 47 TexReg 6250

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