| (a) For the purpose of an investigation in a school
setting, the terms abuse and neglect shall have the meaning assigned
to those terms in the Texas Family Code §261.001(1) and (4),
as those terms are further defined in division 1 of subchapter A of
this chapter (relating to Intake, Investigation, and Assessment),
unless the definition is clearly inapplicable to reports of abuse
or neglect in school settings or as otherwise provided in this subchapter.
(b) Abuse and neglect in this context do not include
the following:
(1) Use of restraints or seclusion that do not meet
the statutory definitions of child abuse or neglect;
(2) Actions that school personnel or volunteers at
the child's school reasonably believe to be immediately necessary
to avoid imminent harm to the child or other individuals, if the actions:
(A) are limited only to those actions reasonably believed
to be necessary under the existing circumstances; and
(B) do not include acts of unnecessary force or the
inappropriate use of restraints or seclusion, such as the use of restraints
or seclusion as a substitute for lack of staff;
(3) Reasonable discipline.
(c) Notwithstanding subsection (b) of this section,
if there are allegations in the report that otherwise meet the definition
of "abuse" or "neglect" by school personnel or volunteers in a school
setting, those allegations will be investigated in accordance with
this subchapter.
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