| (a) The following words and terms, when used in this
subchapter, have the following meanings.
(1) Child abuse or neglect--The definition of child
abuse or neglect includes the trafficking of a child in accordance
with Texas Education Code (TEC), §38.004.
(2) Other maltreatment--This term has the meaning assigned
by Human Resources Code, §42.002.
(3) Trafficking of a child--This term has the meaning
assigned by Texas Penal Code, §20A.02(a)(5), (6), (7), or (8).
(b) The board of trustees of a school district or governing
body of an open-enrollment charter school shall adopt and annually
review policies for reporting child abuse and neglect. The policies
shall follow the requirements outlined in Texas Family Code, Chapter
261.
(1) The policies must require that every school employee,
agent, or contractor who suspects a child's physical or mental health
or welfare has been adversely affected by abuse or neglect submit
a written or oral report to at least one of the following authorities
within 48 hours or less, as determined by the board of trustees, after
learning of facts giving rise to the suspicion:
(A) a local or state law enforcement agency;
(B) the Texas Department of Family and Protective Services,
Child Protective Services Division;
(C) a local office of Child Protective Services, where
available; or
(D) the state agency that operates, licenses, certifies,
or registers the facility in which the alleged child abuse or neglect
occurred.
(2) The policies must require a report to the Texas
Department of Family and Protective Services if the alleged abuse
or neglect involves a person responsible for the care, custody, or
welfare of the child and must notify school personnel of the following:
(A) penalties under Texas Penal Code, §39.06;
Texas Family Code, §261.109; and Chapter 249 of this title (relating
to Disciplinary Proceedings, Sanctions, and Contested Cases) for failure
to submit a required report of child abuse or neglect;
(B) applicable prohibitions against interference with
an investigation of a report of child abuse or neglect, including
the following:
(i) Texas Family Code, §261.302 and §261.303,
prohibiting school officials from denying an investigator's request
to interview a student at school; and
(ii) Texas Family Code, §261.302, prohibiting
school officials from requiring the presence of a parent or school
administrator during an interview by an investigator;
(C) immunity provisions applicable to a person who
reports child abuse or neglect or otherwise assists an investigation
in good faith;
(D) oral reports made to the Texas Department of Family
and Protective Services are recorded;
(E) confidentiality provisions relating to reports
of suspected child abuse or neglect, including the following:
(i) the requirement for the individual making the report
to provide his or her name and telephone number;
(ii) the requirement for the individual making the
report to provide his or her home address or, if the individual making
the report is a school employee, agent, or contractor, provide his
or her business address and profession; and
(iii) the limited circumstances under which the identity
of the individual making a report may be disclosed;
(F) any disciplinary action that may result from noncompliance
with the district's reporting policy;
(G) the prohibition under TEC, §26.0091, against
using or threatening to use the refusal to consent to administration
of a psychotropic drug to a child or to any other psychiatric or psychological
testing or treatment of a child as the sole basis for making a report
of neglect, except as authorized by TEC, §26.0091; and
(H) the Department of Family and Protective Services
is not authorized to accept an anonymous report of abuse or neglect.
(3) Each school district and open-enrollment charter
school shall adopt and implement a policy addressing sexual abuse,
trafficking, and other maltreatment of children. The policy must be
included in any informational handbook provided to students and parents
and must address the following:
(A) methods for increasing staff, student, and parent
awareness of issues regarding sexual abuse, trafficking, and other
forms of maltreatment of children, including prevention techniques
and knowledge of likely warning signs indicating that a child may
be a victim;
(B) actions a child who is a victim of sexual abuse,
trafficking, or other maltreatment should take to obtain assistance
and intervention; and
(C) available counseling options for students affected
by sexual abuse, trafficking, or other maltreatment.
(4) The policies must be consistent with Texas Family
Code, Chapter 261, and 40 TAC Chapter 700 (relating to Child Protective
Services) regarding investigations by the Texas Department of Family
and Protective Services, including regulations governing investigation
of abuse by school personnel and volunteers.
(5) The policies may not require that school personnel
report suspicions of child abuse or neglect to a school administrator
prior to making a report to one of the agencies identified in paragraph
(1) of this subsection.
(6) The policies must include the current toll-free
telephone number of the Texas Department of Family and Protective
Services.
(7) The policies must provide for cooperation with
law enforcement child abuse investigations without the consent of
the child's parent, if necessary, including investigations by the
Texas Department of Family and Protective Services.
(8) The policies must include child abuse anti-victimization
programs in elementary and secondary schools consisting of age-appropriate,
research-based prevention designed to promote self-protection and
prevent sexual abuse and trafficking.
(c) The policies required by this section and adopted
by the board of trustees shall be distributed to all school personnel
at the beginning of each school year. The policies shall be addressed
in staff development programs at regular intervals determined by the
board of trustees.
(d) Training concerning prevention techniques for,
and recognition of, sexual abuse, trafficking, and all other maltreatment
of children, including the sexual abuse, trafficking, and other maltreatment
of children with significant cognitive disabilities, must be provided
as a part of new employee orientation to all new school district and
open-enrollment charter school employees as required by TEC, §38.0041.
(1) The training must include:
(A) factors indicating a child is at risk for sexual
abuse, trafficking, or other maltreatment;
(B) warning signs indicating a child may be a victim
of sexual abuse, trafficking, or other maltreatment;
(C) internal procedures for seeking assistance for
a child who is at risk for sexual abuse, trafficking, or other maltreatment,
including referral to a school counselor, a social worker, or another
mental health professional;
(D) techniques for reducing a child's risk for sexual
abuse, trafficking, or other maltreatment; and
(E) information on community organizations that have
relevant research-based programs that are able to provide training
or other education for school district or open-enrollment charter
school staff, students, and parents.
(2) Each school district and open-enrollment charter
school must maintain records that include the name of each staff member
who participated in training.
(3) To the extent that resources are not yet available
from the Texas Education Agency or commissioner of education, school
district and open-enrollment charter schools shall implement the policies
and trainings with existing or publicly available resources. The school
district or open-enrollment charter school may also work in conjunction
with a community organization to provide the training at no cost to
the district or charter school.
(e) Using a format and language that is clear, simple,
and understandable to students, each public school and open-enrollment
charter school shall post, in English and in Spanish:
(1) the current toll-free Texas Department of Family
and Protective Services Abuse Hotline telephone number;
(2) instructions to call 911 for emergencies; and
(3) directions for accessing the Texas Department of
Family and Protective Services website (www.txabusehotline.org) for
more information on reporting abuse, neglect, and exploitation.
(f) School districts and open-enrollment charter schools
shall post the information specified in subsection (e) of this section
at each school campus in at least one high-traffic, highly and clearly
visible public area that is readily accessible to and widely used
by students. The information must be on a poster (11x17 inches or
larger) in large print and placed at eye-level to the student for
easy viewing. Additionally, the current toll-free Texas Department
of Family and Protective Services Abuse Hotline telephone number should
be in bold print.
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